ADHD Lawyer Not Discriminated Against

On 12 December 2022 judge brace sitting in the Cardiff Employment Tribunal down his judgment in the case of a legal professional who had submitted a claim in which he claimed to have been discriminated against on the grounds of a disability and unfairly dismissed due to his suffering with the medical condition known as attention deficit hyperactivity disorder or it's better known abbreviated form ADHD. 

What Happened In The Case?

The judge found that the legal professional had not been discriminated against on the grounds of the medical condition, attention deficit hyperactivity disorder at all primarily by looking at his employment history and the CV he submitted when he had applied. The Tribunal was complimentary about the legal professional’s diverse background and were extremely positive about what he had achieved career-wise. Interesting the legal professional’s cv also demonstrated his attributes in managing competently in a challenging working environment, interpersonal skills, and excellent management of time.         

At The Interview…

Initially, the legal professional had applied for the position of paralegal and successfully secured a place in the interview process. This happens every single day, people put applications in and the chosen few are selected to meet with the respective potential prospective employer to be hired for the position which is up for grabs. The interview proceeded without much out of the ordinary taking place. The managing director interviewed a colleague representing the human resource department. The legal professional had seemingly put forward a competent manner, and demonstrated evidence of his attributes to carry out the role of the paralegal, and based on the perceived competencies The provider of legal services decided to employ him.   

Turning Point? 

Matters came to a head when the discussion turned to the potential disability discrimination claim. When the legal services provider received the claim form from the claimant purportedly claiming that the legal professional had been discriminated against. The legal professional submitted that he had openly and communicated that he had informed those interviewing him of his affliction with a disability. 

What Did The Legal Services Provider Say?

When the provider of legal services received the allegations it strongly disputed that this was the case and submitted that the legal professional has not raised any form of disability at any time from his application, onto the interview, and during the time he was employed in the role of a paralegal with the organization. 

What Did The Employment Tribunal Say?

When the matter was decided by the Cardiff Employment Tribunal it poured cold water over the story put forward by the legal profession. It was found in favor of the legal service provider and against the legal professional as the organization was unaware that the legal professional was afflicted by a physical or mental impairment of this nature. In fact when the Employment Tribunal examined the reason behind the termination of legal professional termination of employment. When it did so it found that the Claimant had displayed poor time management, consistent lateness, and an unprofessional manner when liaising with his colleagues. 

Way Forward?

Lawyers should be advising employee clients to make their prospective employers aware of the conditions they are afflicted by. This will potentially pass the first hurdle in similar discrimination matters. Employers need to be making adjustments for persons afflicted by ADHD and should consider, amongst other measures:

• allowing the person a space separate from noisy places in the workplace environment

• assistance with the organisation of work-related activities

• permitting colleagues to work from home and flexibly and

• collaborating with senior colleagues to improve their skills.     

ASSESSING FIRMS

#Allen&Overy #BakerMcKenzie #HerbertSmithFreehillsLLP #LewisSilkin #MishcondeReya #Simmons&Simmons #AddleshawGoddard #CliffordChanceLLP #CMS #DACBeachcroftLLP #EvershedsSutherlandLLP #LinklatersLLP #TaylorWessing #TraversSmith #Bird&Bird 

THE ARTICLE WAS WRITTEN USING THE FOLLOWING SOURCES 

[SOURCE 1] Employment Tribunal judgment – Mr. M Nabeel Ud-Din (2019) Case Number 1602197/2019 - THE INDUSTRIAL TRIBUNALS (publishing.service.gov.uk)

[SOURCE 2] Rule 62(3) Employment Tribunal Rules of Procedure 2013

[SOURCE 3] Equality Act 2010  

[SOURCE 4] Hyde, John – Paralegal dismissed after nine days loses ADHD claim – Law Society Gazette – 9th January 2023 - Paralegal dismissed after nine days loses ADHD claim | News | Law Gazette

[SOURCE 5] Devon Partnership NHS Trust – ADHD - Downloads and publications for Devon Adult Autism and ADHD | DPT