Frustration at Work: Court Rules Sighing May Violate Equality Act

A recent ruling by the Employment Court indicates that sighing at a coworker in frustration could breach the Equality Act. The judge highlighted that nonverbal cues, like sighs, can convey disappointment or invoke feelings of discrimination.

This decision arose from a case involving a UK software engineer with ADHD who successfully sued two tech companies for discrimination related to his disability. He raised concerns about a manager’s sighing and feigned nausea during their interactions.

The engineer, Robert Watson, is now set to receive compensation from Rourke Manor Research, the creator of the Hawkeye Ball Tracking System used in various sports like Wimbledon and international soccer.

Watson began his role as a software engineer in August 2020 for a company in Longsey, Hampshire. During the proceedings in Southampton, the identities of other employees involved were kept confidential due to national security concerns linked to a sensitive project.

The court noted that Watson struggled with time management and focus, which stemmed from ADHD—diagnosed only in November 2022. After starting medication, Watson took four days off due to illness. Upon his return, a technical lead identified as DT told him he had to catch up on several days’ worth of additional work resulting from his absence.

In the weeks that followed, DT continued to express dissatisfaction with Watson’s work. “DT claimed to have communicated with Watson regarding his workload and noted nonverbal signals of dissatisfaction, such as sighing and dramatic breaths,” stated a summary of the evidence.

Watson has been off work due to stress since February 2023 and hasn’t returned. He filed a disability discrimination claim in May 2023 and was subsequently fired in January 2024.

The court found DT’s behavior discriminatory. Judge Catherine Rayner remarked on the significant challenges faced by Watson, including his time management issues and prolonged absences from his work area. She added that measures could have been taken by Rourke Manor Research to better support Watson, potentially preventing discrimination in the workplace.

Other claims Watson made regarding disability discrimination and unfair dismissal did not succeed. The amount of his compensation will be determined at a later date.