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Tribunal rules Lidl failed to consider ADHD in disciplinary process
The ruling said Lidl did not provide reasonable adjustments during the process, including additional breaks, and awarded more than £45,000.
A UK tribunal has found that Lidl did not fully take an employee's ADHD diagnosis into account during a disciplinary process, after he was dismissed following a workplace rules breach involving equipment he said he had not been trained to use, according to BBC Business.
The case involved Ryan Toghill, a deputy store manager who told his bosses he had been diagnosed with Attention Deficit Hyperactivity Disorder. After a disciplinary meeting, Lidl dismissed him for gross misconduct, and after an initial appeal the company offered him a lower paid role, which he rejected before pursuing the claim at tribunal.
The tribunal upheld parts of his claims for unfair dismissal, wrongful dismissal, and failure to make reasonable adjustments. It concluded that reasonable adjustments were not offered during the process, such as additional breaks, and it linked comments made by a manager about a lack of remorse to communication differences associated with ADHD.
The judge awarded more than £45,000. BBC Business also notes that ADHD and other neurodivergent conditions have been appearing more often in employment disputes, and that under the Equality Act 2010 people may be entitled to reasonable adjustments if their condition has a substantial and long term adverse effect on day to day activities, even if they do not consider themselves disabled.