Sighing at Work: When body language crosses the line into discrimination

The recent employment tribunal case of Mr R Watson v Roke Manor Research Ltd ruled that sighing at a colleague may breach equality laws.

Background to the case

Mr R Watson was employed by Roke Manor Research Ltd. He experienced difficulties with timekeeping, focus, and distraction at work. After his ADHD diagnosis in November 2022, he began taking medication and took four days off sick. Upon his return, a technical lead on one of his projects (referred to as “DT”) reportedly told him he had created extra work due to his absence. DT allegedly continued to criticise Watson, questioned his work hours and desk presence, and expressed non-verbal frustration, including sighing and exaggerated exhales. Watson went off sick with work-related stress in February 2023 and did not return. He filed a claim for disability discrimination in May 2023 and was dismissed in January 2024.

The employment tribunal found that DT’s behaviour was discriminatory, specifically in relation to Watson’s ADHD. The employment judge ruled that DT’s expressions of frustration were triggered by issues directly linked to Watson’s disability. The judge further noted that if Roke Manor Research Ltd had taken early steps to identify and implement reasonable adjustments to support Watson and his project lead, this could potentially have been avoided. Watson’s compensation is yet to be decided.

What does this mean for employers?

This case sets an important precedent for how non-verbal conduct can be interpreted by an employment tribunal. In light of the judgement, it may be suggested that employers should implement further training for managers and staff to be mindful of their non-verbal behaviour. Sighing, tutting, or rolling eyes, particularly in response to performance issues tied to a disability, can be interpreted as hostile and discriminatory.

In conducting prompt assessments when an employee discloses a disability and engaging occupational health or HR professionals to develop tailored support plans, these scenarios can be avoided.

This case reinforces the importance of providing reasonable adjustments before problems escalate. Employers must move beyond simply avoiding discrimination and actively foster inclusive, empathetic, and well-supported environments.

Contact our employment law solicitors today

If you would like advice on any of the issues raised in this article, please do not hesitate to contact our specialist Employment Law team by using our online enquiry form or by calling 0330 191 5713.