In this episode of the Civil Law Podcast, Louisa Simpson speaks with Kira Mountain, specialist Employment Solicitor at Trethowans, about neurodiversity in the workplace. A fitting topic, as 17-23 March 2025 is Neurodiversity Celebration Week. Kira and Louisa discuss some of the different conditions falling under the umbrella term ‘neurodiversity’; how and when these might meet the definition of a ‘disability’ for the purposes of the Equality Act 2010; and the relevance and importance of that in terms of having various legal rights and protections in the workplace. Finally, Kira and Louisa consider a handful of cases which look at and give insight into neurodiversity as it relates to misconduct or capability concerns, and job application processes - both in the workplace and in the Tribunal.

Cases discussed include:

• Kumulchew v Starbucks Coffee Company UK Ltd 2301217/2014
• Borg-Neal v Lloyds Banking Group 2202267/2022
• McQueen v General Optical Council [2023] EAT 36
• South Staffordshire & Shropshire Healthcare NHS Foundation Trust v Billingsley [2016] UKEAT/0341/15/DM
• Aecom v Mallon [2023] EAT 104
• Rackham v Judicial Appointments Commission 3303706/2020

Louisa Simpson is one of the Civil Law Podcast’s regular co-hosts, a barrister at Pump Court Chambers specialising in Employment, Discrimination and Professional Regulation, including Sport. Kira Mountain is a Solicitor specialising in Employment Law at Trethowans Solicitors, supporting both individuals and businesses at all stages of their employment disputes, as well as in acquisitions.

Please do leave any feedback you have, and don’t hesitate to get in touch with us with queries, or regarding suggestions for topics you would like us to discuss in future episodes: civpod@pumpcourtchambers.com

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Host Timothy Salisbury is joined by Antonia Ford to discuss mediation in the context of civil litigation. They also discuss the recent case of James Churchill v Merthyr Tydfil County Borough Council [2023] EWCA Civ 1416 in which the Court of Appeal confirmed that the civil courts have the power to stay proceedings and require the parties to consider undertaking a form of alternative dispute resolution. Timothy and Antonia consider how this judgment might affect various types of civil cases in the future, including those involving allegations of fundamental dishonesty and fraud.

A copy of the judgment in the case of James Churchill v Merthyr Tydfil County Borough Council [2023] EWCA Civ 1416 can be found here: https://www.judiciary.uk/judgments/james-churchill-v-merthyr-tydfil-county-borough-council/

The Pump Court Chambers New Practitioners’ webinar series referenced in this episode can be found here: https://www.pumpcourtchambers.com/tag/the-new-practitioner-series/

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