Understanding ADHD in the Workplace: Lessons from a Landmark Tribunal Ruling

In a landmark employment tribunal ruling, software engineer Robert Watson successfully argued that his employer discriminated against him due to his ADHD. The case, heard in Southampton, focused on seemingly minor but impactful non-verbal cues — sighs and eye rolls — from his manager that were found to have breached equality law. This judgment underscores a pressing need for workplaces, especially in high-pressure industries, to better understand and support neurodivergent individuals.

What is ADHD?
Attention Deficit Hyperactivity Disorder (ADHD) is a neurodevelopmental condition characterised by inattention, impulsivity, and, in some cases, hyperactivity. It’s not a matter of laziness or disinterest; it’s a recognised medical condition that affects executive functioning — the mental skills involved in planning, focus, memory, and emotional regulation.

Common symptoms in adults include:

• Difficulty focusing or following through on tasks

• Disorganisation and poor time management

• Restlessness and impulsivity

• Emotional sensitivity and heightened response to criticism

For many, ADHD goes undiagnosed until adulthood. Once diagnosed, medication and workplace accommodations can make a significant difference — but only if supported by an informed and empathetic management culture.

The Case of Robert Watson

Watson was diagnosed with ADHD two years after joining Roke Manor Research. His manager’s response to his time off for medication and subsequent work challenges included non-verbal expressions of frustration — sighing and eye-rolling — and remarks such as “putting your ADHD aside for a moment.”

The judge ruled that these behaviours contributed to a hostile environment, undermined Watson’s self-esteem, and amounted to disability discrimination. Critically, the tribunal highlighted that had reasonable adjustments been made earlier, the resulting pressure and discriminatory conduct might have been avoided.

How Employers Can Support Neurodivergent Staff
The ruling offers a wake-up call to companies: respect, education, and proactive adaptation are essential in supporting neurodivergent employees. Here are several practical steps:

1. Educate Managers on Neurodiversity
Many instances of discrimination stem from ignorance, not malice. Managers should understand ADHD’s impact on communication, workflow, and emotional regulation — and learn to interpret behaviours through a compassionate, informed lens.

2. Offer Clear, Constructive Feedback
Avoid sarcasm, exasperation, or vague criticism. Instead, be specific, solution-focused, and empathetic. Rather than “You’re becoming a net detriment,” try “Let’s explore ways we can better manage the workload together.”

3. Implement Reasonable Adjustments
This may include flexible deadlines, written follow-ups after meetings, noise-cancelling headphones, or permission to take short breaks to self-regulate. Crucially, any adjustments must be tailored in dialogue with the employee.

4. Foster a Culture of Psychological Safety
Microaggressions — including non-verbal cues like sighing or eye-rolling — can have outsized effects on neurodivergent individuals. Building a respectful and inclusive environment means being mindful of even subtle behaviours.

5. Create Clear Pathways for Support
Employees should know whom to speak to if they’re struggling. HR teams and line managers should be equipped to respond with empathy, confidentiality, and practical support.