A public relations professional has successfully sued her former employer for disability discrimination after a manager described her as "disorganised" for missing work calls while attending appointments or running errands.
The Tribunal's Landmark Ruling on Language
In a significant ruling, the Cambridge Employment Tribunal found that using the term "disorganised" to describe a colleague can amount to disability discrimination under UK employment law. Employment Judge Roger Tynan stated that such comments can "undermine" an individual and "violate their dignity," particularly when they highlight traits linked to a neurodivergent condition like Attention Deficit Hyperactivity Disorder (ADHD).
The case centred on Nicole Hogger, who worked for Genesis PR in Ipswich, Suffolk. She joined the firm in October 2018 as a Senior PR Account Executive and was promoted to PR Account Manager in 2020. Her responsibilities included leading client projects and managing communication campaigns.
A Breakdown in Communication and Support
Miss Hogger received a private ADHD diagnosis in 2021. Her doctor's report noted symptoms including "poor organisation, forgetfulness and difficulty getting started on tasks." She informed her line manager, Alison Straker, of the diagnosis but did not provide the formal medical report.
By early 2022, managers noted Miss Hogger seemed anxious and was struggling with her workload. Concerns were raised that she was "slipping behind" and not communicating when she was at capacity. Ms Straker attempted to help by transferring some work to a colleague.
The situation culminated in June 2023. Miss Hogger missed the start of an important meeting, arriving 40 minutes late after becoming "confused" about the venue. In a subsequent discussion, Ms Straker remarked that when colleagues couldn't reach Miss Hogger, she would later explain "she had been out for a massage, to Starbucks or to the supermarket" during work hours.
Ms Straker suggested this behaviour could lead colleagues to view Miss Hogger as "disorganised or uncommitted." The tribunal heard that Miss Hogger's ADHD was not discussed as a potential factor during this conversation. The following day, Miss Hogger resigned.
Employer's Failure to Make Reasonable Adjustments
Judge Tynan was critical of the employer's approach. He concluded that Genesis PR "did not consider Miss Hogger's ADHD" and that there were "no practical steps" taken to avoid similar issues. The feedback given was deemed unhelpful, with "little, if anything" Miss Hogger could "usefully do" with it.
The judge suggested a more constructive approach would have been to explore raising awareness of her condition within the workplace. He ruled that the company failed to make reasonable adjustments and subjected her to an adverse environment.
Victory on Multiple Claims
The tribunal upheld Miss Hogger's complaints of disability harassment, disability discrimination, and unfair constructive dismissal. Judge Tynan stated it was reasonable for her to feel her dignity was violated, creating an adverse environment.
Regarding the constructive dismissal claim, the judge found Genesis PR "acted without reasonable and proper cause" and took a "disproportionate approach" to performance issues. The dismissal was ruled an act of unlawful direct discrimination under the Equality Act 2010.
Nicole Hogger is now in line to receive compensation and has since set up her own business. The ruling serves as a stark reminder to UK employers of their duties towards neurodivergent staff and the profound impact workplace language can have.
