You might have seen some headlines recently suggesting that an employee won a tribunal claim because their boss sighed at them too much. It’s eye-catching, but not as clear cut as the headlines.
So, can a sigh really land you in legal hot water? Let’s unpack what really happened in the case of Robert Watson v. Roke Manor Research Ltd and what it means for employers.
What Actually Happened?
Mr. Watson was a software engineer who told his employer he believed he had ADHD. He raised concerns about how he was being treated at work and the impact his condition was having on things like timekeeping and focus.
The Employment Tribunal found that Mr. Watson had:
- Been discriminated against because of his disability,
- Not been given reasonable adjustments, and
- Experienced harassment related to his condition.
Importantly, this case wasn’t won because of one sigh. The tribunal looked at a series of actions by his managers, including comments that belittled his condition and showed frustration towards him.
So Why Is Sighing Even Being Mentioned?
One of Mr. Watson’s managers regularly:
- Sighed and showed frustration during conversations,
- Questioned his work hours and attendance,
- Made comments like “putting your ADHD aside for a moment” and “I feel you are becoming a net detriment.”
While sighing on its own wouldn’t usually be enough to meet the legal test for harassment, the tribunal found that in this case, it was part of a pattern of unwanted conduct that:
- Related to Mr. Watson’s disability, and
- Created a hostile and degrading work environment.
ADHD Is Not Always a Disability?
Under the Equality Act 2010, someone is disabled if they have:
“a physical or mental impairment which has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities.”
This means ADHD can be a disability if it significantly affects things like:
- Concentration
- Organisation
- Emotional regulation
- Timekeeping
- Working memory
And importantly, a formal diagnosis isn’t required for the legal duty to arise. If an employer knows, or ought reasonably to know, that a condition may be affecting an employee, they need to consider reasonable adjustment.
In this particular case any action taken before the employer became aware of the adhd diagnosis was not taken into account.
Does That Mean that I Can’t Take Any Action If My Employee Has ADHD Or Another Disability?
No, It’s equally important to note that:
Just because someone has a disability doesn’t mean you can’t manage poor performance or attendance.
Employers can and should:
- Set expectations
- Monitor performance
- Address absence
What matters is that you do it fairly:
- Understand if there’s a link to a health condition
- Make reasonable adjustments where appropriate
- Follow a process and act proportionately
Mini Case Study: “We All Get Distracted Sometimes…”
An employee tells their manager they think they may have ADHD and are struggling to meet deadlines. The manager shrugs it off and says, “We all get distracted sometimes, just try harder.” A few weeks later, the employee receives a written warning for poor performance.
What went wrong?
- The manager failed to take the disclosure seriously
- No support or occupational health referral was offered
- The warning came without considering whether adjustments could help
What could have helped?
- Exploring small changes (e.g. structured deadlines, regular check-ins)
- A referral to occupational health
- A more understanding approach to feedback
What Employers Should Take From This?
This case doesn’t mean that sighing at work is now illegal. But it does mean you should be mindful of how behaviour, even non-verbal, is perceived by staff, especially those with a health condition or disability.
Here are four simple takeaways:
1. It’s About the Whole Picture
This case wasn’t about one comment. It was about a build-up of behaviour that made the employee feel undermined and unsupported.
2. Support Starts Early
Don’t wait for a formal diagnosis. If someone shares that they’re struggling with something like ADHD, that’s your cue to consider what support might help, not to brush it aside.
3. Train Your Managers
Line managers don’t need to be medical professionals, but they do need to understand:
- How to give feedback constructively
- When to escalate to HR or OH
- How to avoid assumptions about behaviour
4. Flex Your Policies
Adjustments aren’t just about physical aids. In this case, the employer failed to discount disability-related absences and counted medical appointments as sick leave. That’s a red flag.
Final Thought (and a Friendly Nudge)
You’re not going to end up in a tribunal just for sighing. But when small signals come alongside insensitive comments, poor support, and a lack of adjustments, that’s when problems start.
If it’s been a while since you reviewed your absence and performance policies, or your managers need a confidence boost on how to support neurodivergent staff, now is a good time to act.
We’re here to help with policy reviews, training sessions, or just a quick sense-check if something feels a bit tricky.
The earlier you seek professional support, the more likely you are to reduce risk. You can contact us at www.orchardemploymentlaw.co.uk for help.