Most people generally have a good understanding of what verbal discrimination sounds like, and what is and isn’t appropriate to say in the workplace. However, did you know that even non-verbal expressions could land employers in trouble?
A recent tribunal ruled that a neurodivergent worker was subject to disability discrimination after his manager repeatedly sighed and made ‘exaggerated exhales’.
Roke Manor Research vs Watson tribunal
In the case of Roke Manor Research vs Watson, the tribunal heard how software engineer, Robert Watson, began working for the organisation in August 2020 and struggled with timekeeping and being “easily distracted”.
However, it wasn’t until over two years later, in September 2022, that Watson raised the possibility that he may be neurodiverse with his line manager, which explained some of the difficulties he’d faced.
Following four days off sick after receiving his ADHD diagnosis in November 2022, Watson was then confronted by a project leader, referred to as DT due to national security concerns. It was reported that in the weeks following, DT questioned Watson’s working hours and patterns, and the time spent at his project desk both in front of colleagues, and on a one-to-one basis. As well as the verbal questioning, DT also “expressed non-verbal frustrations such as sighing and exaggerated exhales”. This behaviour caused Watson to feel anxious.
“Putting your ADHD to one side”
Furthermore, in a one-to-one meeting in which Watson explained how DT’s comments were affecting him, DT stated that his comments had been designed deliberately to put pressure on Mr Watson. DT also used the phrase “putting your ADHD aside for a moment”, which suggested a total disregard for the need to accommodate Watson’s ADHD.
This case demonstrates the need for employers to champion a diverse and inclusive culture. As the judge recognised, had Roke Manor Research “taken steps to identify adjustments required for the claimant at an earlier stage and provided both him and the project lead with necessary support 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.”
Creating a psychologically safe environment for disclosure
Though employees are not obligated to disclose a neurodivergent condition to their manager, it is important to create an environment where staff feel comfortable to discuss this topic. When both employers and employees can have open and honest discussions about ways to make work more inclusive, it’s easier to break down the barriers and stigmas.
Neurodivergence requires tailored, not templated, support
For employees who do disclose they are neurodivergent, employers should offer tailored support. There is no one-size-fits-all approach to supporting employees with neurodiversity, as everyone’s experience is different. Regular conversations with these employees can lay the basis for reasonable adjustments to be agreed on and implemented.
These could include:
- Tailoring the language used in the office to be more specific and to the point.
- Providing timetables or written instructions.
- Giving sensitive feedback.
- Avoiding asking questions that are ‘too open’ or vague.
- Not asking an employee to take meeting minutes.
- Reducing sensory issues through the use of desk partitions, quiet areas, and non-florescent bulbs.
Find more information on support mechanisms in this HR guide to supporting cognitive diversity
Employers should also have company-wide diversity and inclusion policies in place as standard, which tie into wider policies and procedures that set out a zero-tolerance stance against any form of bullying, harassment, or discrimination.
However, organisations should also consider introducing a standalone neuro-inclusion policy, which provides an understanding of neurodiverse conditions and how they should be approached at work by colleagues and managers. Doing so removes ignorance and allows for greater compassion and care.
The policy should also outline the reasonable adjustments available for neurodiverse employees, to allow them to feel effectively supported at work.
