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In a ruling that could reshape how employers address neurodivergence in the workplace, a U.K. employment tribunal has found that even nonverbal expressions like sighing can amount to disability discrimination, according to The Guardian.
The case underscores growing expectations for empathy and inclusive management in the future of work as the workforce becomes more neurodiverse.
The judgment centered on Robert Watson, a software engineer at Roke Manor Research — the company behind the ball-tracking technology used in sports such as tennis and international cricket. Watson, who joined the company in 2020, was later diagnosed with ADHD in 2022. His condition, which contributed to difficulties with focus, time management, and routine, went unrecognized for over two years.
After returning from sick leave following his diagnosis, Watson found himself under increased scrutiny from a project manager, referred to as DT due to the company’s work in national defense.
According to tribunal records, DT frequently questioned Watson’s schedule, time spent at his desk, and productivity. More critically, DT was reported to have shown visible signs of frustration, including repeated sighing and exaggerated breathing, which the tribunal found to be targeted and isolating behavior.
In its decision, the tribunal recognized these gestures as having a significant emotional toll on Watson.
“Reactions from others verbally or as a gesture, can have a damning effect on his self-esteem and anxiety,” the tribunal said.
The tribunal acknowledged that DT was under workplace pressure and had genuine concerns about project delays, but ultimately ruled that these concerns stemmed from Watson’s ADHD symptoms — and therefore the response constituted unlawful discrimination. The company, the judge concluded, failed to make timely accommodations that could have eased strain on both employee and manager.
While claims of unfair dismissal were dismissed, the court determined that Watson’s treatment violated the Equality Act, which requires employers to make reasonable adjustments for disabled employees. The amount of compensation he will receive is still to be determined.
The ruling adds weight to the growing call for companies to build cultures where psychological safety and inclusive communication are as vital as technical skill. As awareness of neurodivergence increases, so too does the expectation that leaders understand how subtle cues — even tone or body language — can deeply impact employees with invisible conditions.
Experts suggest the decision could prompt organizations to rethink how they train managers, address performance, and design support systems for neurodivergent staff. The future of work may now depend not just on accommodating difference, but on proactively understanding it.
