'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.
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