A police worker with ADHD has won a disability discrimination case against Avon and Somerset Constabulary after the force failed to provide her with noise-cancelling headphones, despite her owning a pair at home.
Donna Vale, who is neurodivergent, requested the headphones to manage background noise in her role as a Victim and Witness Care Officer, which she began in September 2023. She disclosed her ADHD diagnosis, received in May 2023 from ADHD360, and reiterated her request after a probation review.
Employment Judge Edmund Beever acknowledged the 'unusual' fact that Ms Vale had her own headphones but did not use them or inform her line manager. However, he ruled that 'the duty to make reasonable adjustments is on the employer not the employee', and that her omission did not undermine her case.
Ms Vale also won a claim of disability harassment after her line manager, Jennie Clarke, questioned her diagnosis and suggested she might be 'exploited' by ADHD360, following a Panorama investigation into the provider. Judge Beever found this amounted to unlawful harassment, as it undermined Ms Vale's perception of her diagnosis and treatment.
The tribunal dismissed other claims, including failure to make reasonable adjustments regarding workload and training. Ms Vale's employment ended in March 2024 as planned.
