In a landmark UK employment tribunal decision, sighing at a colleague with a known disability has been ruled as potential disability discrimination — prompting a wave of conversation about workplace conduct, mental health, and hidden bias.
The case involved a software engineer with ADHD who alleged that his manager’s repeated sighs, visible frustration, and dismissive body language created a hostile and undermining work environment. The tribunal agreed, ruling that non-verbal cues — when persistent and targeted — can amount to unwanted conduct related to disability under the Equality Act 2010.
A Quiet Signal with Loud Implications
While sighing might seem minor, the ruling underscores a deeper point: when directed at a worker with a known disability, even subtle behaviours can create an atmosphere of exclusion or distress. In this case, the sighs were not isolated but repeated during key interactions — including meetings and 1-to-1s — where the employee was seeking support or clarity.
The tribunal found that these actions, although non-verbal, had the “effect of violating the employee’s dignity and creating an intimidating or offensive environment.” The employer was found to have failed in its duty to take the employee’s diagnosis seriously and did not provide reasonable support or adjustments.
Why It Matters for All Workplaces
The ruling sends a clear message: respect and inclusion go beyond policy documents. Employers must ensure their managers and staff understand that discriminatory conduct isn’t always about what’s said — but also how it’s said, or even what’s left unsaid.
This is particularly relevant for employees with neurodiverse conditions, where misunderstandings can escalate into alienation if not handled with care and awareness.
What Employers Must Now Consider
- Are your managers trained in disability awareness and non-verbal communication?
- Do your workplace policies include neurodiversity and hidden disability support?
- Is there a clear route for workers to raise concerns without fear of dismissal or ridicule?
If you’ve experienced similar treatment or need advice on how to raise concerns, book a free 1-to-1 consultation with our team. We’ll help you understand your rights and take action if needed.
Sources:
- BBC News
- The Guardian
- The Times
- Equality Act 2010