Unverbal expressions such as exaggerated exhales and sighing can be considered disability discrimination by a UK employment tribunal. In the case of Robert Watson, a software engineer who successfully sued his former employer Roke Manor, a decision was reached.
Watson, a person with ADHD, was discriminated against because he felt irritated by his colleague over the performance of Watson at work. The tribunal found that the actions taken were directly related to Watson’s ADHD, which included time-keeping issues and work patterns.
Watson started working for Roke Research in Romsey in Hampshire in August 2020. The company is best known for its Hawk-Eye tracking system, which has been used in many sports such as tennis, football, and international cricket. Other staff members were not identified.
Watson was diagnosed with ADHD in November 2022. Watson began taking medication at that time and took four sick days. Watson was informed by DT, a senior member of the team, that his absence caused an increase in workload. Watson reported that DT continued to criticize him and cited nonverbal signs such as sighing or exaggerated breaths as signs of frustration.
Disability and nonverbal frustration are linked
The tribunal determined that DT’s behavior towards Watson was discriminatory. Judge Catherine Rayner found that Watson’s disability was the cause of frustration. She stated that Watson’s time away from the desk and irregular work patterns were directly linked to his disability.
In her ruling, Judge Rayner stated that “I conclude that the reasons for the expressions frustration were things which themselves were arose because of [Watson]’s disability.” These included his time-keeping patterns, his working habits and the fact he spent time away from his desk.
Watson went on sick leave in February 2023 due to stress at work and never returned to work. In May 2023, he filed a claim for disability discrimination and was fired in January 2024. His claims for unfair dismissal as well as other forms of disability discrimination weren’t upheld. The tribunal did find that the company had failed to make reasonable adjustments, which would have prevented discriminatory behavior.
Judge Rayner said, “Had Roke Manor Research taken steps earlier to identify the adjustments that [Mr Watson] required and provided him with both necessary support and that of the project leader it is possible that DT wouldn’t have suffered such high work pressures and that discrimination could have been avoided.”
Watson’s compensation will be decided at a future date. This decision is part of a growing body of case law that focuses on how employers handle neurodiverse workers and their responsibilities under the Equality Act 2010,, to make reasonable accommodations.
Neurodiversity and the workplace
This ruling shows how important it is for HR teams to understand and support neurodiversity and disability-related behaviors. The ruling confirms the fact that nonverbal behavior, when related to an employee’s disabilities, can be discriminatory.
Employers must identify any adjustments that may be necessary and ensure all team members understand their obligations under the equality legislation. In this case, the failure to take proactive measures contributed to the finding that discrimination occurred even though there were no overt verbal comments.
