British court finds that a manager’s sigh at work is a manifestation of discrimination
23 May 09:09
The UK Labor Tribunal has found that a manager’s sighs and demonstrative exhalations to a subordinate may constitute discrimination on the basis of disability. The decision was made following a lawsuit filed by programmer Robert Watson against the technology company Roke Manor Research, "Komersant Ukrainian" reports citing The Guardian.
Watson, who has been diagnosed with attention deficit hyperactivity disorder (ADHD), accused his technical manager of discriminatory behavior. According to the case, after the employee took a four-day sick leave due to medication, his immediate supervisor began to express dissatisfaction with his work in non-verbal ways.
“The supervisor questioned Watson’s work schedule, criticized his work habits and time spent at his desk, and expressed frustration through sighs and demonstrative exhalations,”
– according to the tribunal’s materials.
Judge Kathryn Rainer emphasized that the manager’s frustration was related to the peculiarities arising from the employee’s disability – problems with punctuality and concentration.
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“If the company had identified the necessary accommodations for the employee in time and provided support to both him and the project manager, this discrimination could have been avoided,” she said,
– she said.
The programmer had been working for the company since August 2020, but was diagnosed with ADHD only in November 2022. After a conflict with management, he went on sick leave due to work-related stress in February 2023 and never returned. He filed a discrimination lawsuit in May 2023 and was fired in January 2024.
Roke Manor Research, known as the developer of the Hawk-Eye ball tracking system used at Wimbledon and other sporting events, is now required to pay Watson compensation. The amount of compensation will be determined later.
The decision of the British tribunal sets a precedent for an expanded interpretation of discriminatory behavior in the workplace, which now includes non-verbal manifestations of dissatisfaction on the part of management.
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