Can a Diagnosis of ADHD or Autism Help Prove Disability at Work?
If you’ve been diagnosed with Attention Deficit Hyperactivity Disorder (ADHD) or Autism, you might wonder whether this counts as a disability under employment law. A recent case offers useful insight into how such conditions are viewed in the eyes of the law and how they might help support a claim of disability discrimination in the workplace.
Stedman v Haven Leisure
In the recent case of Stedman v Haven Leisure, Mr Stedman applied for a job with Haven and later brought a disability discrimination claim after his application was unsuccessful. He had been diagnosed with Autism Spectrum Disorder (ASD) and ADHD. A key issue in the case was whether Mr Stedman met the legal definition of a “disabled person.”
In a noteworthy observation, the Employment Appeal Tribunal (EAT) made clear that when considering the legal definition of disability, a clinical diagnosis of ADHD or Autism can be used as evidence of both the existence of an impairment and its impact. That’s because receiving a clinical diagnosis typically means a medical professional has already identified significant difficulties with aspects of functioning.
The EAT went on to find that the original Employment Tribunal had wrongly concluded that Mr Stedman was not disabled. They clarified several important points:
- An individual only needs to show that their mental or physical condition has a substantial (i.e. more than minor or trivial) effect on just one day-to-day activity to meet the definition of disability.
- The Tribunal had incorrectly weighed up what Mr Stedman could do against what he couldn’t for each activity - this kind of balancing exercise isn’t appropriate under the law.
- To decide whether the effect of a condition is “substantial,” the right comparison is between the person’s current abilities and how they would function without the impairment, and not against the average person.
What this means for employees
If you’re navigating a condition like ADHD or Autism, this case is a reminder that your diagnosis may go a long way in establishing your rights under equality law. It also reinforces that Tribunals must apply the legal test for disability correctly, without minimising the impact of your condition.
However, if you have not received a formal diagnosis, this is not essential to show your condition meets the legal definition of disability. What matters is whether your symptoms or condition cause a substantial (i.e. more than minor or trivial) and long-term (i.e. lasted or likely to last longer than 12 months or more) impact on your day to day activities which is the definition of disability under the Equality Act 2010. Evidence of this impact can come from a variety of sources, not just a formal diagnosis. For example, witness statements, workplace adjustments, educational records, and occupational health reports could be relevant. The focus is on the practical impact of the condition and not the label.
If you’re concerned about discrimination or want advice on your rights at work, it’s always best to speak to an employment law specialist.
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Disclaimer
The above provides a general overview of areas in employment law and is not intended nor construed as providing specific legal advice. This article is for information purposes only and is correct at the time of publication. It does not constitute legal advice.
12.11.25