Manager at UK defense firm ruled to have discriminated against coworker by ‘sighing and exaggerating exhales’: employment tribunal

In February 2023, Watson took sick leave due to work-related stress and did not come back.

An employment tribunal in the United Kingdom has ruled that nonverbal signs of frustration, such as sighing, can be considered discrimination at work. The case involved a software engineer with ADHD named Robert Watson, who filed a claim against Roke Manor Research, a tech company known for its work in defense and security, as well as developing the Hawk-Eye ball tracking system used in sports like tennis and cricket.

Watson, who joined the company in August 2020, stated that his manager’s behavior, including sighing and exaggerated exhales, created a discriminatory work environment for him after his ADHD diagnosis in November 2022. The tribunal heard about Watson’s symptoms, which included difficulty focusing, distractibility, and poor time management. After taking medical leave and returning, Watson was criticized by the technical lead on his project for falling behind and needing to catch up.

The tribunal found that the manager’s actions toward Watson amounted to discrimination. Employment Judge Catherine Rayner noted that the frustrations expressed by the manager were linked to Watson’s disability and his work habits. She mentioned that had the company provided necessary support and made adjustments for Watson earlier, the discrimination could have been avoided.

While Watson’s claims of unfair dismissal and other disability discrimination allegations were dismissed, he was successful in his claim of discrimination. Compensation for this claim will be determined in a later hearing.

To protect the identities of staff involved and due to national security concerns related to the company’s projects, the tribunal held in Southampton did not disclose further details.