Many a sigh has been heaved by bosses at an underling who has caused irritation. Well, now a judge has warned that expressing that frustration can legally be considered harassment.
Using “non-verbal” expressions of disappointment or irritation can breach equality laws, an employment tribunal judge has ruled in a case involving a software engineer who has attention deficit hyperactivity disorder (ADHD).
Robert Watson claimed that his manager’s “sighing and exaggerating exhales” were discriminatory. He is now in line for compensation from Roke Manor Research, the company that invented the Hawk-Eye technology for sports including cricket, football and tennis.
Watson joined the company in 2020 and had ADHD diagnosed two years later.
The tribunal in Southampton was told that his timekeeping was “poor”, he was “easily distracted” and he had “some difficulties focusing”.
After starting a course of medication for the condition, Watson took four days’ sick leave. When he returned to work, the boss overseeing one of his projects told Watson that he had to do several days of additional work, partly because of this absence.
“Something’s got to change,” the manager, who was referred to at the hearing only as DT, told Watson.
The identity of staff involved in the proceedings was not publicly disclosed after the company raised the issue of national security given the sensitive nature of some of the projects it was working on.
The tribunal was told that over subsequent weeks the manager...
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