Police worker with ADHD diagnosis could receive £126k after not being issued with noise-cancelling headphones.
A recent Employment Tribunal decision is a useful reminder that reasonable adjustments don’t always involve major changes, expensive equipment or lengthy procedures. Sometimes, the issue can be as simple as a request for noise-cancelling headphones.
Summary
In Vale v The Chief Constable of Avon and Somerset Constabulary, the Tribunal upheld a claim for failure to make reasonable adjustments after the employer failed to provide a worker with noise-cancelling headphones. The Tribunal also upheld a separate claim of disability harassment, although other discrimination complaints were dismissed. A remedy hearing has been listed for later this month, so compensation has not yet been finally determined by the Tribunal. However, the case has been widely reported as potentially involving a claim worth around £126,000.
Background
Ms Vale disclosed she had ADHD when starting her role and requested noise-cancelling headphones to help manage background noise. The request was raised again after a four-week probation review but was not progressed.
One of the striking features of the case is that Ms Vale apparently already had her own noise-cancelling headphones at home. The Tribunal accepted that this was an unusual point, but it did not defeat her claim - the fact an employee might have their own workaround does not necessarily mean the employer can leave the matter there.
Key learning point: process
From your perspective, as an employer, this case is about process. When an employee raises a health condition, disability or difficulty at work, especially where they ask for a specific adjustment, you should take that request seriously, explore it promptly and keep a clear record of the steps taken.
Noise, interruptions, changing routines and shared workspaces can all affect employees differently. A relatively small adjustment, such as a quieter workspace, written instructions, a different communication method, extra check-ins, adjusted break arrangements, or suitable protective or sensory equipment, may make a significant difference.
You should also avoid making assumptions about whether a condition is ‘real’, whether an employee is ‘coping’, or whether they should simply sort the issue out themselves. If an employee discloses a condition such as ADHD, autism, anxiety, depression, a physical impairment or a long-term medical issue, the safest approach is to have a supportive conversation focused on work impact and possible adjustments. Managers don’t need to be medical experts, but they should know when to ask questions, when to seek further information and when to take advice.
A good starting point is to ask: what difficulty is the employee experiencing at work, what adjustment are they requesting, would it help reduce the disadvantage, and is it reasonable in the circumstances? You should consider the size and resources of the business, the practicality of the adjustment, the cost, the impact on the role and whether there are any alternatives. Importantly, you shouldn’t allow requests to ‘fall between the cracks’.
Where appropriate, you may also wish to seek medical evidence or occupational health input. We have various template letters available on the employment service website, which can be reviewed by our team when sent to: [email protected].
However, requests for further medical evidence should not be used as a reason to delay simple, low-cost adjustments that could be implemented quickly. In many cases, trialling an adjustment and reviewing it after a short period can be a sensible and practical approach.
Key learning point: language
This case is also a reminder to take care with language. The harassment finding arose from unwanted conduct connected to the employee’s disability. Discussions about diagnoses, treatment, medication or private medical arrangements can be sensitive. You should avoid questioning or undermining an employee’s diagnosis in a way that could reasonably cause offence or distress. A better approach is to focus on what support is needed at work and, if you’re unsure where to start or how to respond, contact our Employment advisers on the Helpline 0370 840 0234
Further information
Acas has guidelines for employers on how to manage neurodiversity at work | Understanding neurodiversity - Neurodiversity at work - Acas
Our Spring 2025 magazine also contained a helpful article on the value of neurodiversity in the workplace.
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