
A claimant, diagnosed with ADHD, raised concerns about workplace discrimination. Instead of addressing these concerns, the employer dismissed the employee. The tribunal ruled this as victimisation under the Equality Act 2010 because the dismissal was directly linked to a “protected charicteristic.”
This decision highlighted the employer’s failure to take the employee’s condition and concerns seriously, leading to serious legal repercussions.
Key Take Away’s for Employers
Raising Concerns Is a Protected Act
Employees raising discrimination complaints are protected under the Equality Act 2010. Employers must ensure these complaints are handled fairly and without retaliation.
Document all complaints and manage them through a transparent and fair grievance process. Seek HR or legal advice before proceeding further.
ADHD Is a Recognised Disability
ADHD qualifies as a disability if it has a long-term, substantial impact on daily activities. Employers are legally required to make reasonable adjustments.
Work with employees to identify adjustments, such as flexible working hours, quiet workspaces, or clearer task instructions.
Dismissal Risks
Dismissing an employee who has raised a discrimination claim can result in claims of victimisation unless clear evidence shows the dismissal is unrelated to the complaint.
Review all disciplinary or dismissal actions to ensure compliance with legal requirements. Maintain detailed records to justify decisions.
Open Communication
Proactively listening to and addressing employee concerns helps avoid unnecessary escalations. In this case, the employer’s failure to engage constructively exacerbated the issue.
Create a culture of open communication. Train all managers to handle sensitive conversations with care.
Manager Training Is Critical
A lack of understanding about neurodiversity and legal obligations can create problems. Proper training ensures compliance and support for neurodiverse employees.
Provide training on neurodiversity, reasonable adjustments, and discrimination management to equip managers with practical tools.
Why This Matters
Understanding and accommodating neurodiversity benefits your employees and your business. Beyond compliance, fostering inclusivity improves employee retention, morale, and productivity.
Tribunal cases like this one serve as a reminder to employers to take these obligations seriously. By being proactive, you protect your business and create an environment where everyone can succeed.
Let’s Protect Your Business Together
Handling sensitive employee issues doesn’t have to be overwhelming. We’re here to guide you every step of the way—helping you stay compliant, protect your business, and build a fair, supportive workplace.
Contact us today—we’re ready to help.
