ADHD | HR must consider rejection sensitivity when disciplining neurodiverse staff - tribunal

Employees whose neurodiverse conditions make them highly sensitive to criticism or rejection may be protected under disability discrimination law, a tribunal has ruled, after finding that Lidl dismissed a deputy store manager in a way that was influenced by communication difficulties linked to his ADHD.

A tribunal held in Cardiff found that the supermarket treated the claimant, Ryan Toghill, unfavourably when it dismissed him, and that this treatment “arose in consequence of the claimant’s disability”, specifically his ADHD-related communication style and the employer’s reliance on perceived “lack of remorse” during a disciplinary hearing.

The tribunal also upheld his claims for unfair dismissal, wrongful dismissal and failure to make reasonable adjustments. His claims for indirect discrimination were dismissed.

Tribunal finds dismissal linked to ADHD-related issues

The judgment repeatedly highlighted how the claimant’s ADHD affected his behaviour and communication at work. The tribunal recorded that he experienced “rejection sensitivity”, meaning “intense sensitivity to the impression of being rejected, harassed, or criticised”, as well as “ADHD paralysis”, difficulties processing long verbal instructions, and challenges with retaining information.