ADHD adjustment overlooked and diagnosis questioned

An employment tribunal has found that a police force failed to make reasonable adjustments for an employee with ADHD and subjected her to harassment after her diagnosis was questioned by a manager.

The case highlights two common risk areas for employers, failing to act on adjustment requests and making informal comments that undermine a medical condition.

The employee joined the organisation on a fixed-term contract and disclosed during onboarding that she had ADHD. As part of that process, she requested a straightforward adjustment, noise-cancelling headphones to help manage background noise in the workplace.

The employer accepted that she was disabled under the Equality Act 2010 and was aware of her condition. Despite this, no action was taken. The request was not formally assessed, and no referral was made to HR or occupational health. The tribunal found that the issue had effectively “fallen between the cracks”.

Although the request was raised more than once, there was still no structured process to consider or implement it. The tribunal concluded that this failure amounted to a breach of the duty to make reasonable adjustments. This was reinforced by the employer’s own internal findings, which acknowledged that a referral should have been made to assess appropriate support.

The tribunal also examined conversations where the employee’s diagnosis was questioned. During a discussion, concerns were raised about whether the diagnosis, obtained through a private consultation was valid, and whether the employee might be being exploited.

While the tribunal accepted that the manager’s intention was not malicious, it found that the comments undermined the legitimacy of the diagnosis and the treatment being followed. This was enough to meet the legal threshold for harassment related to disability.

The employee later went on sickness absence and did not return before her contract ended. While the tribunal did not find the dismissal itself to be discriminatory, it upheld the claims relating to the failure to make reasonable adjustments and harassment. Compensation will be determined at a later hearing.

For employers, the case is a clear reminder that the obligation to make reasonable adjustments is triggered by knowledge of a condition not by formal processes being completed. Once a need is identified, it must be acted on.

It also highlights the risk of informal or speculative conversations about medical conditions. Questioning the validity of a diagnosis, even with good intentions, can quickly cross into unlawful territory if it undermines the individual or their treatment.

From a practical perspective, employers should ensure that:

Adjustment requests are formally recorded and progressed
Managers understand when to involve HR or occupational health
Decisions are based on evidence, not personal views
Communication around health conditions is handled carefully and professionally

With increasing focus on neurodiversity in the workplace, expectations on employers are rising. Many adjustments are simple, low-cost and highly effective but only if they are recognised and implemented.

Handled correctly, these situations are manageable. Left unaddressed, they can quickly lead to avoidable claims and reputational risk. Contact us at enquiries@121hrsolutions.co.uk and we can discuss any further queries you may have on this subject.

ADHD adjustment overlooked and diagnosis questioned

121 HR Solutions Ltd