In a recent tribunal case, an employee of Lidl has won a tribunal case for unfair dismissal and unfavourable treatment due to his disability.

Ryan Toghill worked for Lidl in Newport, and was a deputy store manager. As part of this ADHD, he experiences rejection sensitivity (an intense emotional and psychological response, triggered by actual or perceived rejection, criticism, or disapproval).  He was diagnosed in 2002.

Par of the warehouse role was the use of powered pallet trucks, which were subject to strict health and safety rules.  It was mandatory for staff to attend refresher training every 6 months, but the tribunal was told by Toghill that staff regularly used them without attending training.

He was diagnosed with a hernia and transferred to a different store in 2023, and despite being dangerous for his condition he continued to use the trucks. He was signed off with stress and anxiety for four weeks, and was subsequently invited to a disciplinary hearing.

 

The Meeting

He asked for his partner to attend as a disability advocate however due to her own health, she could not make the date. He requested adjournment, which was declined.  He attended the meeting, and felt that the manner was “hostile”, despite him having previously informed Lidl that his ADHD made it hard for him to cope with formal meetings.

In the meeting, he accepted that he had used the trucks, despite the fact he should not have. After a nine-minute adjournal, he was summarily dismissed. The reason for this dismissal was withholding of information, a lack of remorse, and a breach of trust using the trucks.

On appeal, he was offered redeployment into a shift manager role and a final warning. This was a demotion, which he did not accept.

 

The Tribunal

The tribunal ruled that Lidl failed to take into account his disability. His ADHD and rejection sensitivity mean that he suffered extreme anxiety and “a belief that no one likes him”. Lidl misunderstood his perceived lack of remorse.

The judgment continued that he experiences ADHD paralysis, meaning he struggles to initiative, complete or sustain tasks, and it can seem as though he is not listening when spoken to directly, and has difficultly concentrating on a conversation.

 

The Findings

It was concluded that on the face of it, Lidl were “perfectly entitled to denote the use of the PPT truck as gross misconduct”. However, it was found that Toghill’s ADHD put him at a substantial disadvantage during the disciplinary procedure.

His claim of unfair dismissal and wrongful dismissal, and failure to make reasonable adjustments were upheld.

 

Key Lessons

When managing disciplinary situations, or indeed any kind of meetings, it is important to remember that each disciplinary process must be managed individually and not with a one size fits all approach.

Reasonable adjustments can include areas like meeting format, questioning style, decision making and communication – make sure you consider the impact that disability can have on an individual.  Where neurodiversity is involved, as this case shows “lack of remorse” is not always as it appears on face value.  Understanding that an employee has a disability, but not adjusting processes, as seen here, can lead to unfair treatment.

With increasing numbers of adults being diagnosed with both neurodiversity and disability, it is essential to consider your own practices and policies to ensure you are compliant with legislation, and treating people fairly.

Training managers to ensure that your approach is consistent across the organisation, is also essential.

If you have any questions or need any further support, please contact us on team@hrprime.co.uk.