Neurodivergent Freelancer Awarded £12,000 in Landmark Disability Harassment Case
A neurodivergent events freelancer has secured a £12,000 payout after successfully suing her former company for disability harassment and victimisation. The case, heard at the Croydon Employment Tribunal, centred on a manager's instruction to 'get back in your box', which the claimant argued violated her human right to respect.
The Incident That Sparked the Legal Battle
Sophie Stone, who has dyslexia and experiences rejection sensitivity dysphoria, was employed by MA Business Limited's Events team on a remote basis from March 2022. Her role required monthly attendance at the company's Dartford office. In June 2023, ahead of a summer party, Ms Stone emailed requesting a break-out area as a reasonable adjustment, fearing she might become overwhelmed. When she raised the lack of response in a Teams meeting, Events Director Julie Knox allegedly told her not to request such accommodations at short notice.
During the call, Ms Stone and a colleague discussed using a car as a safe space. According to tribunal evidence, Mrs Knox then intervened, stating words to the effect of 'stop being all outside the box and get back in your boxes' to end the conversation. Ms Stone was deeply distressed, immediately emailing another manager to report that her 'human right to respect had been violated'.
Tribunal Findings and Judicial Reasoning
Employment Judge Kathryn Ramsden found that the comment constituted unwanted conduct related to disability. The tribunal noted that while Mrs Knox's intent was to refocus the meeting on work, the effect on Ms Stone was profound. 'Being effectively told that she was "outside the box" in discussing reasonable adjustments was understandably triggering for her,' Judge Ramsden stated.
The judge acknowledged Ms Stone's neurodivergence and rejection sensitivity dysphoria, factors that made the remark particularly harmful. WhatsApp messages presented as evidence showed Ms Stone's ongoing distress days after the incident, where she told her husband the comment felt like an instruction to 'mask, act neurotypical and don't rock the boat'.
Broader Implications for Workplace Adjustments
This ruling underscores several critical issues in modern employment law:
- The importance of handling requests for reasonable adjustments with sensitivity and timeliness.
- The potential for casual remarks to constitute harassment when directed at individuals with protected characteristics.
- The specific vulnerabilities of neurodivergent employees, particularly regarding rejection sensitivity.
Ms Stone also succeeded in claims for failure to make reasonable adjustments regarding software support and victimisation related to an email. The £12,000 award reflects the tribunal's assessment of the harassment's impact, though other claims were dismissed.
This case serves as a stark reminder to employers about the need for inclusive communication and proper disability awareness training, especially as remote and hybrid work models become more prevalent. The tribunal's decision highlights that even well-intentioned managerial directives can cross into discriminatory territory when they dismiss or ridicule discussions about necessary workplace accommodations.
