ADHD disclosure ignored and mother refused as companion: disability discrimination win

What this case shows

This case highlights how employers can fall foul of disability discrimination law when they ignore a disclosed condition and refuse simple adjustments. The claimant, an accredited installer with ADHD, had passed his probation with high marks. But after his line manager was dismissed, he was suspended and later fired for 'wasting company time' – essentially for not challenging his new manager's instructions.

The tribunal heard that the claimant's ADHD made him lack self-confidence and want to be liked, which led him to comply rather than push back. When he asked for his mother – his medical carer – to accompany him at the disciplinary hearing, the employer said no. Yet they knew about his ADHD from a meeting weeks earlier.

What the employer could have done differently

Climar Industries Ltd could have avoided liability by treating the claimant's disclosure seriously. Allowing his mother to attend the hearing would have been a simple, low-cost adjustment. They also could have considered whether his behaviour at work was linked to his disability before deciding to dismiss. Instead, they pressed ahead with a process that the tribunal found was not adjusted to his needs.

Why this matters

The case is a reminder that reasonable adjustments aren't just about physical changes to the workplace. They can include allowing a support person at a meeting, especially when the employee's disability affects their ability to represent themselves. It also shows that dismissing someone for conduct caused by their disability – even if the employer sees it as misconduct – can be unlawful discrimination. For employees with hidden disabilities like ADHD, this decision reinforces that disclosure should trigger a duty to adjust, not a dismissal.