Fujitsu failed to adjust for ADHD and ASD: disability discrimination upheld
A tribunal found that Fujitsu Services Limited discriminated against a disabled employee by failing to conduct a stress risk assessment, requiring phone sickness reporting, and disclosing information to his mother without consent. The former software developer was awarded £21,572.
1 min read · Last updated 18 May 2026
Case details
- #failure-to-conduct-stress-risk-assessment
- #contact-requirements-during-sickness
- #disclosure-to-mother
- #oral-communication-requirement
- #meeting-information-adjustments
- #acas-code-uplift
Key facts
- The claimant was employed from September 2017 to April 2021 as a Software and Solutions Developer.
- The respondent conceded the claimant was disabled due to ADHD and ASD at all relevant times.
- The respondent failed to conduct a stress risk assessment as recommended by occupational health in February 2018.
- The respondent required the claimant to report sickness by phone, which placed him at a substantial disadvantage due to his disability.
- The respondent's manager disclosed information to the claimant's mother without consent, constituting harassment.
- The respondent failed to make reasonable adjustments by requiring oral communication and not providing meeting agendas or written action points.
Timeline
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Occupational health report
Occupational health recommended a stress risk assessment and various adjustments for the claimant's disabilities.
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Transfer to Godfrey's team
The claimant's line manager changed to Charlie Godfrey, who was aware of his disability but did not obtain the OH report.
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Meeting with Godfrey
Godfrey told the claimant to call rather than email for sickness reporting, and made comments about stress.
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Contact with claimant's mother
Godfrey spoke to the claimant's mother by phone and text about his absence, without the claimant's consent.
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Transfer to Lockwood's team
The claimant moved to John Lockwood's team, where he was happier but adjustments were still not fully implemented.
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Meeting with Lockwood
Lockwood asked the claimant to communicate more verbally, which the claimant found difficult due to his disability.
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Sickness absence begins
The claimant commenced long-term sickness absence due to work-related stress.
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Suspension
The claimant was suspended following disclosure of chat logs containing offensive language.
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Dismissal
The claimant was dismissed for gross misconduct based on the chat logs.
The legal issue
The tribunal had to decide whether Fujitsu's failure to conduct a stress risk assessment, its requirement for telephone sickness reporting, its disclosure of information to the employee's mother, its requirement for oral communication, and its lack of meeting agendas and action points amounted to disability discrimination, harassment, and/or failure to make reasonable adjustments.
The outcome
The tribunal found in favour of the former employee on several key points. It held that Fujitsu failed to conduct a stress risk assessment as recommended by occupational health, which amounted to harassment related to disability. The requirement to report sickness by phone placed the employee at a substantial disadvantage due to his ADHD and ASD, and Fujitsu failed to make reasonable adjustments. The manager's disclosure of information to the employee's mother without consent was also harassment. Additionally, requiring oral communication without providing meeting agendas or written action points was a failure to make reasonable adjustments.
Compensation awarded:
- Total: £21,572.05
- The breakdown was not specified in the structured facts, but the award covers injury to feelings and other losses.
Lessons & takeaways
- Employers must follow occupational health recommendations, such as conducting a stress risk assessment, to avoid disability discrimination claims.
- Requiring employees to report sickness by phone may be discriminatory if it places disabled employees at a substantial disadvantage; consider alternative methods.
- Disclosing employee information to family members without consent can constitute harassment related to disability.
- Failing to provide meeting agendas or written action points can be a failure to make reasonable adjustments for employees with autism or ADHD.
- Even if an employee is dismissed for misconduct, earlier discrimination claims can still succeed and result in compensation.
This case highlights how a large employer can fall short of its obligations to disabled employees, even when it is aware of their conditions. The former employee, a software and solutions developer with ADHD and autism spectrum disorder (ASD), worked at Fujitsu for three and a half years. Despite Fujitsu conceding he was disabled, it failed to implement basic adjustments recommended by occupational health.
What went wrong
Fujitsu's failures were multiple and systemic. It did not conduct a stress risk assessment despite occupational health's recommendation in February 2018. It required the employee to report sickness by phone, which was difficult for him due to his disabilities. A manager disclosed information to the employee's mother without his consent, causing distress. The company also insisted on oral communication and did not provide meeting agendas or written action points, putting the employee at a disadvantage.
What could have been done differently
Fujitsu could have avoided these claims by following occupational health advice, allowing email sickness reporting, respecting the employee's privacy, and providing written communication as a reasonable adjustment. A simple stress risk assessment might have prevented the deterioration of his mental health.
Why this matters
This case is a reminder that disability discrimination claims can succeed even when the employee is later dismissed for misconduct. The tribunal separated the earlier treatment from the dismissal, which was not challenged. For employees with similar conditions, it shows that employers must actively make adjustments and that failure to do so can lead to significant compensation.
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