Neurodiversity | Sighing at co-worker with ADHD was discriminatory, tribunal finds

Sighing or showing visible frustration toward a colleague with ADHD can constitute disability discrimination and harassment, a tribunal has ruled.

Robert Watson, a software engineer at Roke Manor Research Limited, succeeded in claims of discrimination arising from disability, harassment, and failure to make reasonable adjustments. Central to the tribunal’s findings was the conduct of his project lead, referred to as DT, whose non-verbal behaviour, such as “sighing and exaggerated exhales”, was ruled discriminatory.

The Southampton tribunal, heard by Employment Judge Rayner, concluded these sighs and other frustrations expressed between November and December 2022 constituted unwanted conduct related to Watson’s disability and created an “intimidating, hostile, degrading, humiliating or offensive environment” for him.

Frustration, sighs, and “net detriment” remark found discriminatory

Watson, who was diagnosed with ADHD in November 2022, had informed his employer of his suspected condition weeks earlier. However, the tribunal found that despite multiple discussions, meetings, and even providing management with ADHD awareness material, Roke Manor Research repeatedly failed to act.