A public relations executive has successfully won a disability discrimination claim against her former employer after a manager described her as 'disorganised' – a trait linked to her ADHD.
The Tribunal's Landmark Ruling
Nicole Hogger triumphed in her case against Genesis PR at the Cambridge Employment Tribunal. The judge ruled that using the term 'disorganised' to describe a colleague can constitute disability discrimination under the Equality Act 2010. Employment Judge Roger Tynan stated such comments can 'undermine' an individual and 'violate their dignity'.
Nicole, who worked for the Ipswich-based firm from October 2018, was promoted to PR Account Manager in 2020. Her work was championed by senior leader Alison Straker. However, issues arose after her ADHD diagnosis in 2021.
A Diagnosis and Mounting Pressures
A medical report stated Nicole showed 'poor organisation, forgetfulness and difficulty getting started on tasks'. She also struggled with maintaining attention and procrastination. Nicole informed her line manager, Ms Straker, of the diagnosis but did not provide the full report.
By early 2022, managers noted Nicole seemed anxious and was struggling with her workload. An email revealed a colleague felt their own load was heavier because they had to 'oversee' Nicole's work. Ms Straker attempted to help by redistributing some tasks, which initially relieved pressure.
The 'Disorganised' Comments and Resignation
Problems escalated later in 2022. Nicole began missing calls, with Ms Straker telling the tribunal she would sometimes say 'she had been out for a massage, to Starbucks, or to the supermarket' when she was meant to be available. She also arrived 40 minutes late to a meeting despite reminders.
This led colleagues to perceive her as 'disorganised or uncommitted', though her ADHD was not discussed in this context. In October 2022, a manager complained Nicole had 'gone dark again' during critical work. Ms Straker responded, 'that's not good enough'.
Facing the prospect of a performance improvement plan, Nicole resigned in June 2023. Her resignation letter stated she felt it was time to 'take a new path'. She later established her own business.
Judgment and Implications for Employers
Judge Tynan found Genesis PR failed to consider Nicole's ADHD and that there was 'little, if anything' she could usefully do with the feedback given. The company took no practical steps to prevent a similar situation.
The judge upheld Nicole's complaints of disability harassment, discrimination, and unfair constructive dismissal. She is now in line to receive compensation. This case highlights the legal duty for employers to understand and make reasonable adjustments for neurodivergent conditions.
The ruling sets a clear precedent: stigmatising language related to a disability's symptoms can create a hostile environment and violate equality law. Employers must ensure management training covers disability awareness to avoid similar tribunal claims.
