When a sigh becomes discrimination: What the Robert Watson Tribunal means for you
Background of the case
Robert Watson, a software engineer with ADHD, was employed by Roke Manor Research. His condition was not diagnosed until November 2022, two years into his employment. During this time, Watson had been struggling with focus, timekeeping, and his working patterns, which are common symptoms of ADHD.
After returning from a short sickness absence, the Technical Lead responded, not with compassion, but with criticism and visible signs of frustration such as sighing, exaggerated exhales, and questioning his work patterns. These seemingly minor behaviours, the Tribunal rules, were actually discriminatory because they stemmed directly from Watson’s disability related challenges.
Eventually, Watson went off sick with stress, did not return, and was dismissed. The Tribunal found that the Technical Lead’s actions amounted to disability discrimination.
Why this ruling matters?
This landmark decision makes it clear that non-verbal behaviours, like sighing in frustration, can be discriminatory if they target somebody because of traits associated with a disability. This is a reminder to employees that you do not need to endure subtle hostility or passive aggressive behaviour purely due to the fact that your condition is not understood.
The Judge noted that, had Watson been properly supported, the discriminatory behaviour might have been avoided. This highlights a crucial point: employers have a duty to make reasonable adjustments and foster an environment where disabled employees feel comfortable.
What this means for you
For many people living with hidden disabilities like ADHD, navigating the workplace can feel like a constant uphill battle. Managing symptoms, trying to meet expectations, and having to do so, often without adequate understanding or support from your employer, can be difficult to manage.
If you are dealing with a hidden disability and being treated unfairly, you are not alone. Here’s what you should know:
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You are protected under the Equality Act 2010, even where your condition was undiagnosed at the start of your employment.
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Nonverbal behaviours such as eye-rolling or sighing can be discriminatory if they stem from frustration towards how your disability affects your work.
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You do not have to accept poor treatment. If your employer has not made efforts to understand your condition or put support in place, they could in breach of their duties.
At Lawson West Solicitors, we have a dedicated team of employment law specialists who understand the complexities of workplace discrimination. Whether you need advice, representation, or someone to listen to your experience, we are here to support you every step of the way.
If you believe that you have been subjected to discrimination due to a disability, do not hesitate to contact Lawson West Solicitors. Please contact us on telephone 0116 212 1000 or alternatively complete the free Contact Us form and we will get in touch as soon as possible.
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