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

Lidl supermarket sign against sky

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.

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