At Royds Withy King we are still able to serve all your legal needs during the Coronavirus pandemic. Find out more.

Search our news, events & opinions

23 June 2016 0 Comments
Posted in Employment

ADHD did not amount to disability under the Equality Act

Author headshot image Posted by , Partner

The pupil was a boarder at the School; she suffered from ADHD. She was caught having sexual intercourse with a male student in the school which resulted in her exclusion and the Principal advising her mother to withdraw her to avoid her having an expulsion on her record. Her mother appealed against the decision, stating that she was disabled under the Equality Act because of her ADHD and its negative effect on her ability to make decisions, and that she had thereby been discriminated against. The matter was initially heard in the Additional Support Needs Tribunal for Scotland which rejected the claim as it was not satisfied that she suffered from a disability. The Court of Session agreed and rejected her appeal because it considered that her mental impairment did not have a substantial and long term adverse effect on her ability to carry out day to day activities based on the evidence of her teachers. Furthermore there did not appear to be a causal link between the ADHD and the act in question which caused her expulsion; this was based on the pre-planning involved in the act itself rather than being an impulsive one as a result of the ADHD; plus evidence that she had had previous sexual relationships which her mother did not appear to attribute to the condition.

This somewhat unusual case highlights the importance of proving a causal connection between the disability and the act in question.

Leave a comment

Thank you for choosing to leave a comment. Please keep in mind that comments are moderated and please do not use a spammy keyword or a domain as your name or it will be deleted.

*required*

**required*

*optional*

Employment

It pays to employ the right employment solicitor

Learn more

Partner

T: 020 7842 1439 (DDI)
Email

Search our news, events & opinions