Heavy sighs add up to discrimination: UK tribunal

Frustration with worker’s performance

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.