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. She began the temporary role in September 2023, covering a long-term absence. Her ADHD diagnosis came in May 2023 via an online consultation with ADHD360, after her GP dismissed her symptoms as 'low self-esteem'.
Employment Judge Edmund Beever acknowledged the 'unusual' fact that Ms Vale owned headphones but did not use them for work or inform her line manager. However, he ruled that this did not undermine her case, stating: 'The duty to make reasonable adjustments is on the employer, not the employee.'
Ms Vale also won a claim of disability harassment after her line manager, Jennie Clarke, questioned her diagnosis and suggested she was being 'exploited' by ADHD360, following a Panorama investigation. Judge Beever found this constituted unlawful harassment, as it undermined Ms Vale's perception of her diagnosis and treatment.
The tribunal dismissed other claims by Ms Vale, but the successful claims highlight the employer's duty to accommodate neurodivergent employees, even when they possess their own equipment.
