Police Worker Awarded £126,000 in Landmark Disability Discrimination Case
A police worker diagnosed with ADHD has secured a significant victory in an employment tribunal, winning a disability discrimination claim against Avon and Somerset Constabulary. The case centred on the force's failure to provide noise-cancelling headphones as a reasonable adjustment, despite the employee's clear request.
The Core of the Case: A Request for Headphones
Donna Vale, who worked as a victim and witness care officer, began a temporary role with the police force in September 2023. Having a background in creative arts and previously running her own business, she was new to policing. Ms Vale, who was diagnosed with ADHD in May 2023 following an online consultation with ADHD360, informed her employer about her neurodivergent condition.
She explicitly requested that the constabulary supply her with noise-cancelling headphones to help manage background noise in the workplace. This request was made initially upon starting her role and was reiterated during her four-week probation review in October.
An Unusual Detail: Headphones at Home
The tribunal heard an unusual aspect of the case: Ms Vale already owned a pair of noise-cancelling headphones at home. However, she did not use them at work and did not raise this fact with her line manager, Jennie Clarke, after her requests. Employment Judge Edmund Beever noted this detail but firmly stated it did not undermine her legal claim.
"The duty to make reasonable adjustments is on the employer and not the employee," Judge Beever emphasised. He described the situation as one where "the issue fell between the cracks," and clarified that any self-help by the employee does not negate the employer's statutory obligations.
Escalation and Harassment Finding
The situation deteriorated in November 2023 when Ms Vale experienced a health scare at work. Following this, during a meeting with Ms Clarke, Ms Vale disclosed her own doubts about ADHD360, the private clinic that had diagnosed her. This clinic had recently been featured in a BBC Panorama investigation questioning its diagnostic practices.
The tribunal found that Ms Clarke then questioned Ms Vale's ADHD diagnosis, suggesting she might have been "exploited" and that her medication could be unapproved or unsafe. This conduct led to a separate successful claim of disability harassment against the police force.
Judge Beever ruled that Ms Vale's perception that her diagnosis and treatment had been undermined by her employer was valid, constituting unlawful harassment related to her disability.
Tribunal Outcome and Compensation
While the tribunal dismissed some of Ms Vale's other claims, including allegations about cruel rumours, it upheld two critical claims:
- Failure to Make Reasonable Adjustments: The constabulary failed in its duty by not providing the requested noise-cancelling headphones, a straightforward adjustment that would have alleviated a substantial disadvantage Ms Vale faced due to her ADHD.
- Disability Harassment: The line manager's questioning of the ADHD diagnosis amounted to harassment related to disability.
As a result of these findings, Donna Vale is now in line to receive £126,000 in compensation after tax and costs. The ruling sends a clear message to employers about the non-delegable nature of their duty to make reasonable adjustments for disabled employees, regardless of any personal resources an employee might possess privately.
The case highlights the ongoing challenges neurodivergent individuals face in the workplace and the legal imperative for employers to engage proactively with disability accommodations.
