A recent employment tribunal ruling, that of Mr R Watson v Roke Manor Research Ltd, has spotlighted a critical issue in today’s workplace: how unconscious behaviours, like sighs and exaggerated gestures, can cross the line into unlawful disability discrimination.

The employment tribunal heard that Mr Watson, the claimant, struggled with timekeeping and focus at work – difficulties attributed to his attention deficit hyperactivity disorder (ADHD), which was not diagnosed until November 2022.

Following his diagnosis, Mr Watson began medication and took a short period of sick leave.

Upon returning to work, he was told by a project’s technical lead that his absence meant he would need to catch up on several days of work.

In the following weeks, the technical lead reportedly continued to criticise Watson’s work habits and, according to the claimant, “questioned [his] hours of work and his patterns of work and the time he spent at his project desk.”

The technical lead also displayed visible frustration, including “sighing and exaggerating exhales.”

Mr Watson went off sick with work-related stress in February 2023 and did not return. He brought a disability discrimination claim in May of that year and was formally dismissed in January 2024.

Employment Tribunal ruling 

The Employment Tribunal ruled that the technical lead’s conduct amounted to unlawful discrimination on the basis that the expressions of frustration arose from things, such as the claimant’s timekeeping and working patterns, which arose from his disability.

The tribunal determined that these behaviours exacerbated the claimant’s stress and ultimately contributed to a toxic work environment.

The Tribunal also criticised the respondent for failing to make timely adjustments or provide adequate support.

The tribunal did not uphold other parts of Mr Watson’s claim, including allegations of unfair dismissal. Compensation will be determined at a future hearing.

What this case means for employers and employees

The case highlights the complexities of managing neurodivergent employees. Despite the company’s lawful dismissal of the employee on other grounds, the ruling emphasised that earlier intervention, awareness training, and reasonable adjustments might have prevented the discrimination altogether.

This case underscores the urgent need for managers and HR teams to understand the impact of neurodiversity, and how seemingly minor interactions can carry legal and emotional consequences.

How we can help

Our leading employment experts, Joanna Alexiou and Neil Emery, offer clear, commercially-focused advice on Employment and Dispute Resolution matters.

We work closely with business owners and individuals to provide proactive, strategic support, designed to prevent problems before they arise.

As legal advisors with a business-minded approach, we understand the need for practical, results-driven solutions.

For a no-obligation discussion about any employment issue, please get in touch with Joanna Alexiou and Neil Emery.