Support worker dismissed for swearing at service user: disability discrimination claim fails

This case highlights the limits of disability discrimination protection when an employer has no knowledge of the employee's condition. The claimant, a support worker with only 2.5 months' service, was dismissed after swearing at a person they supported. He later claimed he had undiagnosed ADHD, but the tribunal found the employer could not reasonably have known about it.

What the employer did right

Accomplish Group Limited acted swiftly and properly. When the incident was reported, they launched an investigation, held a disciplinary hearing, and gave the employee a chance to explain. The employee admitted swearing but called it 'banter'. The employer treated the matter seriously given the vulnerable nature of the service users, and dismissal was within the range of reasonable responses.

Why the discrimination claims failed

The key point was that the employer had no actual or constructive knowledge of the disability. The claimant's ADHD was only diagnosed later. Under the Equality Act 2010, an employer cannot be liable for failing to make reasonable adjustments or for discrimination arising from disability if they did not know and could not reasonably have known of the disability. The tribunal also found no direct discrimination or victimisation.

What this means for similar cases

Employees with hidden disabilities should consider disclosing them to their employer, especially if symptoms might affect behaviour at work. For employers, this case is a reminder that a fair process and a clear misconduct policy can protect against claims, provided they act on what they know at the time. Short-serving employees have less protection, but all employees are entitled to a fair procedure.