Calling out ADHD traits as ‘disorganised’ costs employer in Tribunal

January 7, 2026

A recent Employment Tribunal case has highlighted the importance for employers to fully understand their responsibilities towards neurodiverse employees. In Hogger v Genesis PR Ltd, the Claimant successfully brought a harassment claim after being described by her employer as “disorganised” and “uncommitted”, comments that failed to take into account her neurodivergent needs.

Background

The Claimant, Nicola Hogger, joined Genesis PR Limited as a Senior PR Account Executive. She was responsible for leading client projects, managing communication campaigns and organising events. Hogger later secured a promotion to PR Account Manager in April 2020.

In 2021, Hogger disclosed to her line manager, Ms Straker, that she sometimes struggles to prioritise work. It was agreed that they would meet weekly on a Monday morning to run through Hogger’s task list, with a view to identifying any workload or deadline issues she needed to act upon or required support with.

In early summer 2021, Hogger was diagnosed with ADHD after she began to exhibit symptoms including poor organisation, forgetfulness, and difficulty getting started on tasks requiring significant mental effort. Whilst Hogger did share her diagnosis with Straker, she did not provide her with a copy of the formal report.

In 2022, Hogger began to fall behind with her work. One of her colleagues, Tim Miller, picked up that Hogger appeared anxious, particularly in the context of capacity constraints, high workloads and possibly some financial pressures in her personal life. Miller flagged the matter with Straker.

A couple of months later, Miller emailed the Claimant’s line manager with further concerns in relation to Hogger, stating that “she doesn’t seem to flag if she is tight on capacity but instead just goes quiet”. Straker then reached out to Hogger and asked her if there was anything she could do to help. The Tribunal noted that this should have prompted a more focussed discussion with Hogger, given that mistakes, disorganisation and forgetfulness are all well documented symptoms of ADHD.

On 19 June 2023, during one of Hogger’s regular weekly catch up meetings with Straker, she raised with Hogger that she had failed to turn up to an in-person client team meeting. Straker stated that this could lead her colleagues to think she was disorganised or uncommitted. Straker also raised with Hogger that there were occasions when Hogger’s colleagues could not get hold of her. Hogger allegedly told her colleagues that she had been “out for a massage, to Starbucks, or to the supermarket”, but would still be contactable. Straker offered this as a further reason why colleagues might think that she is disorganised or uncommitted. Following this meeting, Hogger was placed on a performance improvement plan.

The next day Hogger resigned from her employment on notice. Her resignation letter offered no clear explanation for her decision to resign but stated that she “strongly felt it was time to take a new path and continue her professional development elsewhere.”

Tribunal decision

Hogger was successful in her claim for harassment. The Tribunal determined that the comments made on 19 June 2023 were undermining, as they merely served to highlight a negative aspect of Hogger’s disability. The Tribunal determined that it was reasonable for Hogger to feel that her dignity had been violated from the use of the terms “disorganised” and “uncommitted”, and that an adverse environment had been created as a result of the comments made on 19 June 2023.

Lessons for employers

This case serves as another important reminder of the responsibility that employers have towards neurodiverse employees. With workplaces seeing a significant rise in the number of individuals being diagnosed with ADHD and other neurodiverse conditions, it is crucial for organisations to take proactive steps to crease inclusive environments.

Employers should:

  • Recognise the trend – ADHD diagnoses are increasing, and many employees may be navigating challenges related to attention, focus and working styles.
  • Provide training – Employers should equip senior leaders and managers with training to understand neurodiversity and how to support different working styles.
  • Engage in meaningful dialogue – Employers should actively engage with employees to understand their individual needs and challenges. Where appropriate, employers should consider undertaking an Occupational Health assessment to understand their employees needs and how best to support them.
How we can help

For further information, or to discuss the issues raised within this case, please contact us to speak to a member of our Employment Team.

Darren Smith
Partner, Employment
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This reflects the law and market position at the date of publication and is written as a general guide. It does not contain definitive legal advice, which should be sought in relation to a specific matter.

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