An employee has won a disability discrimination claims after his manager repeatedly sighed at him and made exaggerated exhales because of his poor timekeeping and working patterns.
Background
Mr Watson was employed as a software engineer by Roke Manor Research Ltd and was later diagnosed with ADHD.
His symptoms included difficulty focusing, being easily distracted, and poor timekeeping.
Following his diagnosis, Watson’s manager repeatedly questioned him about his working hours and patterns, both privately and in front of colleagues, and expressed visible frustration through sighs and exaggerated exhales.
When Watson explained that these behaviours were causing him anxiety and stress, the manager admitted that the comments were intended to put pressure on him.
After a prolonged period of stress-related sickness absence, Watson was dismissed.
He therefore brought claims for unfair dismissal, discrimination arising from disability, disability-related harassment and a failure to make reasonable adjustments.
Tribunal Findings
Although the tribunal found that the dismissal itself was fair, Watson succeeded in his disability discrimination claims.
Ultimately, the Tribunal found that the manager’s sighs, gestures, and comments amounted to disability-related harassment because they targeted behaviours arising from Watson’s ADHD. For example, Watson’s behaviours of poor timekeeping and irregular working patterns were directly linked to his ADHD condition, which meant the treatment also constituted discrimination arising from disability.
In addition, the Tribunal found that the Respondent failed to make reasonable adjustments. For example, despite multiple meetings and Watson providing ADHD awareness materials and suggesting accommodations, the Respondent failed to implement any adjustments to assist him. Failures included not discounting disability-related absences under its sickness policy and not providing practical support.
Lessons for Employers
This case shows the importance of understanding neurodiversity in the workplace.
It is important that employers and managers have an awareness and understanding of ADHD and its impact on behaviour. Employers should ensure that managers are trained to recognise and accommodate neurodivergent conditions.
Reasonable adjustments can include flexible hours, additional short breaks, breaking tasks into smaller steps, adjusted deadlines, regular check-ins, or environmental changes such as noise-cancelling headphones and natural lighting. These adjustments should be tailored to the individual’s needs.
Acas has also produced the following guidance for employers on neurodiversity at work: https://www.acas.org.uk/neurodiversity-at-work
If you are an employer or employee affected by the above issue and want advice or support in connection with the same, or any employment law or HR issues more generally, please do not hesitate to contact Attwells Solicitors’ Legal 500 Recommended Employment Law Team on 01206 239 761.
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February 16, 2026
