A UK employment tribunal has made a significant ruling that nonverbal expressions of frustration, such as sighing, can be considered disability discrimination. This case involved Robert Watson, a software engineer with ADHD, who was discriminated against by his former employer, Roke Manor Research. The tribunal stated that the colleague’s expressions of frustration concerning Watson’s work directly related to his condition.
Watson started at Roke Manor in August 2020, but after being diagnosed with ADHD in November 2022, he faced nonverbal criticism from staff. The tribunal found that the company’s failure to implement reasonable adjustments contributed to the discriminatory behaviour. Compensation for Watson is pending.
Key Points
- The tribunal ruled that nonverbal signs of frustration could constitute disability discrimination.
- Robert Watson’s ADHD-related behaviours were directly affected by workplace criticism.
- The employer failed to make reasonable adjustments as required by the Equality Act 2010.
- Compensation for Watson will be decided in the future.
- This case highlights the responsibilities employers have towards neurodiverse employees.
Why should I read this?
If you’re in HR or just generally interested in workplace dynamics, this ruling is a must-read! It’s a game-changer in how we view nonverbal communication as a form of discrimination. It sheds light on the ongoing need for workplace adjustments for neurodiverse individuals. Don’t let the details slip by; get informed about how this could affect the way we handle workplace interactions!
