A British employment tribunal recently ruled in the case of Robert Watson vs. Roke Manor Research Ltd. Although the case arose in the United Kingdom, its implications may resonate far beyond its borders.
Robert Watson, a software engineer diagnosed with ADHD, succeeded in his claim for discrimination on the grounds of disability. The key reasons?
– Repeated sighing and other non-verbal expressions of frustration by his manager
– Refusal to make reasonable adjustments to working conditions
– Dismissive attitude towards Watson’s difficulties, despite his openness and efforts to cooperate
Instead of support, he was met with remarks such as “putting your ADHD aside” or “you are becoming a net minus.” His manager repeatedly conveyed disapproval non-verbally – through deep sighs, exaggerated exhales, looks, and a dismissive manner.
Tribunal findings: The court found that
• The employer knew or ought to have known about the diagnosis
• The treatment was disproportionate and inappropriate
• The manager’s conduct amounted to harassment and discrimination under the UK Equality Act 2010
How may this translate to Czech law?
Czech law also protects individuals with disabilities. The Labour Code (§ 16) prohibits any form of discrimination based on health status. The Anti-Discrimination Act (§§ 2 and 3) covers both acts and omissions that lead to less favourable treatment on the grounds of disability, and recognises failure to provide reasonable workplace adjustments as a form of discrimination.
Under certain conditions, ADHD may qualify as a disability under Czech law.
Employers should be aware that even the tone, gesture, or repeated, exxagerated sighs may be perceived as humiliating or stigmatising. A Czech employee facing similar circumstances, furstrated by their employer’s lack of appropriate response, especially when appropriate policies are in place, may well also elect to seek remedy in court – particularly if they demonstrate consistent inappropriate, systemic and long-term behaviour by a superior.
This case serves as a reminder: workplace communication culture and communication failures may have legal consequences.