An Employment Tribunal (ET) decided that a worker was subject to disability discrimination after his manager repeatedly sighed and made ‘exaggerated exhales’.
Robert Watson (RW) v Roke Manor Research Ltd (RMR) [2025]
Facts
RW was employed as a software engineer by RMR for 2 years. During his employment he struggled with concentration, timekeeping and his working pattern all of which were symptomatic of ADHD. In November 2022 he was diagnosed with ADHD.
Following a period of sick leave RW returned to work to a manager who was unsupportive accusing RW of creating extra work due to his sickness absence, questioning his work hours and time he spent at his desk, asking him to “to put his ADHD to one side” and that he was a “net detriment” and expressing non-verbal frustration towards him by sighing and making exaggerated exhales. This treatment led RW to be signed off work in 2023 and he was later dismissed on capability grounds.
RW made successful claims in the ET for:
- Discrimination arising out of disability
- Failure to make reasonable adjustments
- Harassment related to disability
ET decision
The ET concluded:
- RMR had failed to make reasonable adjustments to RW’s role following diagnosis of ADHD.
- RW’s manager’s non-verbal conduct amounted to discrimination arising from disability and harassment.
Our comment
This ruling will have a significant impact for employers as it shows harassment and discriminatory conduct goes further than just making discriminatory comments, it can extend to non-verbal behaviours such as sighing, tone, gestures and body language all of which can amount to harassment and discrimination under the Equality Act 2010.
Employers must be aware that such non-verbal behaviour can negatively impact those staff who are neurodiverse. Therefore, it is vitally important for employers to ensure all staff are appropriately trained to identify how their non-verbal behaviour can be taken as a form discriminatory harassment and how this can be addressed.
ACAS have produced guidance on neurodiversity in the workplace.
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