Former police worker wins six figure award
A former Police worker with Avon & Somerset Constabulary stands to receive an award indicated to be over £126,000 after winning a claim for disability discrimination.
Donna Vale, employed by the force between September 2023 and March 2024, disclosed that she had ADHD when she started working and requested a set of noise-cancelling headphones. She again requested the headphones during a four-week review meeting. The headphones were not provided and Donna left the force before lodging her claim.
Donna’s line manager told the tribunal she did not refer Donna to occupational health. She said “I know now that I should have done, but I didn’t think I needed to at the time.” She added “at no point did Donna tell me the absence of the headphones was causing her any difficulty”.
The Judge sitting reported that although it was an unusual issue, as Donna did have her own noise cancelling headphones, that “self-helping in such a case is not sufficient to undermine the case”. He continued “providing noise cancelling headphones was a reasonable adjustment which the force failed to do”.
ADHD diagnosis
Donna also won a claim for disability harassment, after comments about her health were made shortly after she started work. This related to the private company through which Donna had received her ADHD diagnosis, ADH360. The business has previously featured in a BBC Panorama documentary, following an undercover reporter who was given an ADHD diagnosis by the company after his own GP had told him he did not have ADHD.
The tribunal was told that Donna had sought a private diagnosis after her GP had said she thought she did not have ADHD. Donna was had medication managed by ADH360 and described “feeling out of it” to a colleague. Donna’s manager said the she may have been “exploited” by the business. She repeatedly questioned the legitimacy of the business and her diagnosis, which the Judge said constituted unlawful harrassment.
Although a remedy hearing is yet to be held, court documents indicate the award will be over £126,000.
What the case means for HR professionals
- Awards for disability discrimination are uncapped – they frequently pass £100,000
- This award includes an indicated £29,000 for injury to feelings – do not be derogatory about someone’s health
- Any condition may be deemed a disability in law – ADHD frequently meets the legal definition
- The employer has an obligation to make reasonable adjustments – even for contract workers
- Noise cancelling headphones are very easy for any employer to buy – at very little cost
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