The tribunal recently heard a disability discrimination claim concerning ADHD in which the claim included that his manager "expressed non-verbal frustrations such as sighing and exaggerated exhales." The Tribunal upheld the complaint that this was discrimination because of something arising from his disability.
But before you ban sighing in the workplace, consider this element of the judgment:
"I accept that for DT (the manager) there was a genuine source of pressure and frustration... the Claimant was not able to fully contribute to the project work and that this had a knock on impact on DT who was expected to pick up any slack... Had the Respondent taken steps to identify adjustments required for the Claimant at an earlier stage and provided both him and the project lead with necessary support it is entirely possible that DT would not have himself suffered with such work pressure and it is possible therefore that this discrimination would have been avoided."
Some of the effects of Watson’s ADHD, including time keeping, sick leave, working patterns, and time spent away from his desk while getting support, were a genuine cause of pressure for his manager. While the tribunal was clear this did not excuse his behaviour, they did acknowledge that it explained the behaviour.
Providing support to both Watson AND the project lead could have lessened these frustrations, improving the working relationship. This could potentially have avoided some of the discrimination.
What employers can learn
When supporting an employee with a disability, it is sensible to consider the effect on the wider team, and whether they also need support. Relieving frustrations could help avoid a costly discrimination claim. Helping your team to understand disability and neurodiversity is a good start, but does not address the practical impact on others.
In this case, the tribunal acknowledged that the manager had to “pick up any slack”, which may have been helped by offering the team extra resources. If possible, an extended deadline could have eased some of the pressure, allowing work to be done when Watson was able.
When putting reasonable adjustments in place, consider the time the process takes, and whether this could also impact negatively on the employee’s work or team. The process should be as simple as possible, without unnecessary delays or stress for the individual involved. But you may also need to consider any delays caused to the wider team.
However, be careful not to give the impression that the disabled employee is a problem to be solved. Instead, the approach should be about providing the support the whole team needs to achieve the work required.
Get in touch for advice about managing disability, making reasonable adjustments or avoiding discrimination.
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