Claimant v His Majesty's Commissioners for Revenue & Customs
Outcome
Individual claims
The tribunal found harassment related to disability succeeded in relation to the meeting of 20 April 2023 (requests for information, failure to enquire about claimant's well-being albeit de minimis, and placing burden of finding alternative role on claimant) and the failure to provide recommended ADHD coaching. All other allegations of harassment failed.
The tribunal found the claim succeeded in relation to issues 24.1, 24.3, and 24.6. The tribunal found the respondent failed to make reasonable adjustments in these specific respects. All other aspects of the reasonable adjustments claim were dismissed.
The tribunal found that the respondent did not treat the claimant unfavourably because of something arising from her disability. This claim was dismissed as not well-founded.
The claim of indirect sex discrimination was withdrawn by the claimant and dismissed by the tribunal on withdrawal.
Facts
The claimant, who has ADHD, brought claims against HMRC relating to disability discrimination. Key events included a meeting on 20 April 2023 where the claimant was allegedly subjected to inappropriate requests for information and had the burden of finding alternative roles placed on her, with insufficient enquiry into her well-being. The respondent also failed to provide recommended ADHD coaching.
Decision
The tribunal found that some allegations of harassment related to disability succeeded, particularly regarding the April 2023 meeting and failure to provide ADHD coaching. The reasonable adjustments claim partly succeeded on specific issues. However, the discrimination arising from disability claim failed, and the indirect sex discrimination claim was withdrawn.
Practical note
Employers must actively provide recommended adjustments for employees with ADHD, including specialist coaching, and avoid placing unreasonable burdens on disabled employees to find solutions to workplace difficulties.
Case details
- Case number
- 6001835/2023
- Decision date
- 26 June 2025
- Hearing type
- full merits
- Hearing days
- 6
- Classification
- contested
Respondent
- Sector
- public sector
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- barrister