A United Kingdom employment tribunal has ruled that nonverbal signs of frustration like sighing can be considered discrimination in the workplace, following a case involving a software engineer with ADHD.

The decision came after Robert Watson filed a claim against Roke Manor Research, a tech firm known for defense, security and for developing the Hawk-Eye ball tracking system used in major sports including tennis and cricket, according to the Guardian. Watson, who worked for the company starting in August 2020, said that his manager’s conduct, including sighing and "exaggerated" exhales, contributed to a discriminatory work environment after his ADHD diagnosis.

Watson was officially diagnosed with ADHD in November 2022. The tribunal heard that his symptoms included difficulty focusing, distractibility, and poor time-keeping. After starting medication, Watson took four days of medical leave. Upon return, the technical lead on one of his projects, referred to simply as “DT” in the hearing, criticized him for falling behind and needing to catch up on missed work.

“[Watson] alleges that DT questioned [his] hours of work and his patterns of work and the time he spent at his project desk and that he expressed nonverbal frustration such as sighing and exaggerating exhales,” the tribunal summary stated.

Watson went on sick leave due to work-related stress in February 2023 and did not return. He filed his complaint in May of that year and was dismissed by the company in January 2024.

The tribunal found that DT’s behavior toward Watson constituted discrimination.

Employment Judge Catherine Rayner aid, “I conclude the reason for the expressions of frustration arose from things which themselves arose from [Watson]’s disability such as his time-keeping and working patterns and the fact that he was spending time away from his project desk.”

She added, “Had [Roke Manor Research] taken steps to identify adjustments required for [Mr Watson] at an earlier stage and provided both him and the project lead with necessary support it is entirely possible that DT would not have himself suffered with such work pressure and it is possible therefore that this discrimination would have been avoided.”

Watson's claims of unfair dismissal and other allegations of disability discrimination were dismissed. His compensation for the successful claim will be determined at a later hearing.

The tribunal, held in Southampton, did not release the identities of other staff involved, citing national security concerns due to the sensitive nature of the company’s projects.