'Reactions from others, verbally or as a gesture, can [have] a damning effect on his self-esteem and anxiety'
In a landmark ruling, an employment tribunal in the UK has found that a manager’s repeated sighs and frustrated gestures toward an employee with ADHD constituted unlawful discrimination. The judgment could broaden how non-verbal conduct is interpreted in cases involving workplace harassment, according to The Times.
The case involved Robert Watson, a software engineer employed by Roke Manor Research, a firm best known for developing the Hawk-Eye tracking system used in elite sports such as tennis and cricket. Watson, who joined the company in 2020, was diagnosed with attention deficit hyperactivity disorder (ADHD) in 2022.
Following a period of medical leave, he found himself on the receiving end of what he described as "sighing and exaggerating exhales" from his line manager—behavior that, the tribunal concluded, contributed to a discriminatory work environment.
The Times reported that Watson’s manager, identified only as DT due to national security concerns tied to Roke’s sensitive work, expressed frustration over Watson’s perceived lack of focus and timekeeping issues. Although the tribunal acknowledged that DT was under considerable professional strain, Judge Catherine Rayner ruled that such pressures did not justify discriminatory conduct.
“Reactions from others, verbally or as a gesture, can [have] a damning effect on his self-esteem and anxiety,” Rayner stated in her findings. She emphasized that the repeated non-verbal expressions of disappointment were disproportionately directed at Watson alone.
Watson, who began medication for ADHD shortly before taking four days of sick leave, was told upon his return that he needed to complete additional work. “Something’s got to change,” DT reportedly told him, as noted by The Times. The tribunal also heard that DT had joked about Watson “putting your ADHD aside for a moment,” further cementing concerns about the manager’s insensitivity.
The judge said that had Roke been more proactive in providing support and accommodations, the stress on both parties could have been mitigated. The Times noted that Watson did not return to work after taking additional leave in 2023 and was later dismissed. He subsequently filed a claim for disability discrimination.
“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,” the tribunal ruled, according to The Times. Compensation for Watson will be determined in a separate proceeding.
The case underscores evolving standards around what constitutes workplace harassment, particularly as organizations are increasingly expected to recognize and adapt to neurodiverse needs. As The Times pointed out, even seemingly minor gestures—like a sigh—can carry significant weight in legal assessments of hostile work environments.
