In this recent case, the Claimant, Miss Baker, claimed that she suffered from Dyslexia. This was confirmed by a psychologist’s report.
The Respondent, Peninsula, were concerned about the Claimant’s performance and instructed consultants to conduct surveillance of her movements.
Miss Baker complained to an Employment Tribunal that the surveillance constituted harassment on the grounds of disability. Although the Employment Tribunal found in favour of the Claimant, it acknowledged that it had not been asked to determine the question of disability. The EAT, on appeal, confirmed that the protection of the discrimination legislation was not available to those who merely asserted a disability. It must be proven that the individual in question actually has a disability, are associated with a disabled person, or are wrongly perceived to be a disabled person.
This case highlights the importance of determining the preliminary point of disability before a claimant can progress with any case based on discrimination.