The Claimant in this case worked as a senior HR Operations Manager for the Respondent, a publishing company. During his end of year review his manager had raised concerns about spelling and grammar errors. She described these errors as “messy work” and suggested they could negatively impact the Claimant’s professional image with external stakeholders. Despite these comments, the review was overwhelmingly positive, praising the Claimant’s diligence and hard work.
After this the Claimant handed in his notice as he had found a new job. He raised a grievance during which he disclosed that he had dyslexia. The grievance did not initially focus on the review comments.
The Claimant alleged that the comments made by his manager amounted to discrimination and harassment related to his disability. He claimed that these errors were a consequence of his ADHD, which he described as manifesting “dyslexia traits.” However, he had not disclosed his ADHD to his employer during his employment.
The Claimant brought claims of disability discrimination and harassment to the Employment Tribunal. Whilst the Tribunal acknowledged that the Claimant was “deeply humiliated and offended by the comments”, they also explained that it was an “unreasonable overreaction”. The Tribunal determined that the comments about spelling and grammar were factual, constructive, and made in the context of professional development. They did not amount to unfavourable treatment nor did they “begin to approach the very high threshold for harassment”. Other important conclusions made by the Tribunal related to the fact that the Respondent had no knowledge of the Claimant’s alleged disabilities and medical evidence did not establish a link between the errors and the alleged disabilities. The Claimant’s claims were unsuccessful.
For employers, this case shows the importance of fostering an environment where employees feel comfortable disclosing disabilities. Open communication can help identify and address potential workplace challenges. When providing feedback, ensure it is constructive, factual, and aimed at professional development. Avoid language that could be perceived as offensive or discriminatory.
If you have any questions about any of the issues raised in this article, please email Alan Sutherland.