PR Professional Awarded £35,000 After 'Disorganised' Remark Ruled Disability Discrimination
A public relations worker from Ipswich has secured a substantial compensation award of nearly £35,000 after successfully arguing that being labelled "disorganised" by her manager amounted to disability discrimination and harassment under UK employment law. Nicole Hogger, who has Attention Deficit Hyperactivity Disorder (ADHD), brought claims against Genesis PR following comments made about her work performance.
Tribunal Finds Language 'Undermined Dignity' and Violated Equality Act
Cambridge Employment Tribunal, presided over by Employment Judge Roger Tynan, determined that the term "disorganised" could constitute daily discrimination when directed at someone with a neurodivergent condition. The judgment concluded that the language used "undermined Miss Hogger" and "violated her dignity," establishing a clear breach of workplace protections.
Judge Tynan emphasised that the comments served to highlight her organisational challenges without offering constructive solutions or considering her ADHD diagnosis. "There was little, if anything, that Miss Hogger could usefully do with the feedback," the tribunal noted, criticising the employer's approach as disproportionate and lacking reasonable adjustments.
Career Progression Followed by Performance Concerns
Miss Hogger had worked at Genesis PR from 2018 to 2023, initially as a Senior PR Account Executive before being promoted to PR Account Manager in 2020. Her promotion was championed by Alison Straker, a senior leadership team member who later became her line manager in 2021. In her role, Miss Hogger was responsible for leading client projects, managing communication campaigns, and organising events.
However, difficulties emerged in 2022 when managers noticed she appeared anxious and was struggling with increased workload. Despite attempts to support her, including transferring some responsibilities to a colleague, performance issues persisted. Miss Hogger began missing calls and important meetings, with managers expressing concern about her availability during work hours.
ADHD Diagnosis and Workplace Disclosure
Miss Hogger received her ADHD diagnosis in 2021, with medical reports indicating symptoms including "poor organisation, forgetfulness and difficulty getting started on tasks requiring significant mental effort." The diagnostic report specifically noted difficulties with "maintaining attention" and that "procrastination has always been a problem."
While Miss Hogger mentioned her diagnosis privately to Ms Straker, she never formally provided the medical report to her employers. This lack of formal disclosure became a significant factor in the tribunal's consideration of whether reasonable adjustments had been properly explored.
Critical Incident and Resignation
The situation escalated in June 2023 when Miss Hogger missed the start of an important meeting without explanation. Ms Straker subsequently commented that when colleagues couldn't reach her, Miss Hogger would sometimes later explain she had been "out for a massage, to Starbucks or to the supermarket" during work hours.
Ms Straker suggested this behaviour could lead colleagues to view Miss Hogger as "disorganised or uncommitted," though her ADHD was not discussed as a potential factor in the missed meeting. Following this incident, Miss Hogger was placed on a Performance Improvement Plan but resigned the next day, later establishing her own business.
Legal Findings and Compensation Award
The tribunal found Genesis PR had failed to make reasonable adjustments for Miss Hogger's disability and had subjected her to an adverse working environment. Judge Tynan ruled the company "acted without reasonable and proper cause" and had discriminated against Miss Hogger through multiple contraventions of the Equality Act 2010.
In addition to upholding claims of disability discrimination and harassment, the tribunal found Miss Hogger had been unfairly dismissed and that her constructive dismissal constituted unlawful direct discrimination. The total compensation awarded amounted to £34,686, reflecting the serious nature of the employment law breaches identified.
Broader Implications for Neurodivergent Employees
This case establishes important precedent regarding language and workplace treatment of neurodivergent employees. Judge Tynan suggested that a more constructive approach would have involved exploring "whether and, if so, what steps might be taken to raise awareness of her condition, and indeed other neurodivergent conditions, within the workplace."
The ruling serves as a significant reminder to employers about their responsibilities under equality legislation, particularly regarding invisible disabilities and the importance of considering medical conditions when addressing performance concerns. For neurodivergent employees, it reinforces legal protections against discriminatory language and highlights the necessity of proper workplace adjustments.
