Police worker could receive £126k after not being issued noise cancelling headphones for ADHD

A police worker whose request for noise-cancelling headphones was overlooked, claimed unlawful harassment and failure to make reasonable adjustments at the employment tribunal, has succeeded in her claims.

The employee (AB) requested the noise-cancelling headphones to block out background noise; however, her request was not referred on to HR or occupational health, and therefore it remained unfulfilled.

AB was diagnosed with ADHD in 2023 by a private provider, which she disclosed to the employer on a medical form.  It was at this point that AB also requested noise-cancelling headphones, stating, “If they aren’t already supplied, noise-cancelling headphones please… I’m neurodivergent, and this would help with background noise.” Her team leader (CD) was aware of the request but did not report the matter to HR or occupational health.  The court determined that this issue “fell between the cracks” and as a result the headphones were never supplied to AB.

AB again requested noise cancelling headphones at her probation review, but the company still failed to provide them. CD stated at tribunal, “I know now that I should have done, but didn’t think I needed to at the time… and at no point did AB tell me that the absence of noise cancelling headphones was causing her any difficulty.”

Subsequent to this, AB experienced a medical episode at work, believing she was having a heart attack, which led her to admit that her medication was not prescribed by her GP and they ‘had no awareness of what she was taking”. Following that, AB and CD had a conversation about AB’s recent medical episode, which had left CD ‘concerned’.  During this, CD expressed doubts about the validity of AB’s ADHD diagnosis, referring to a related Paranoma documentary and, in a later video meeting with AB, suggested she had been ‘exploited’ by the private ADHD medical provider.

As a result of this CD and a regional manager determined AB’s diagnosis was not official, so no further action needed to be taken to meet her requests and no referral was made to HR or occupational health.  AB then took sick leave and raised a formal grievance. Her fixed-term contract was not renewed, ending her employment with the company. 

The judge found the fact that AB owned noise cancelling headphones at home but did not mention this to the employer or use them at work, was ‘unusual’, but the company still had a duty to make reasonable adjustments. The court found that AB was placed at a ‘substantial disadvantage’ due to the lack of ‘auxiliary aid’ to help her with her ADHD, which can ultimately lead to “concentration difficulties”.   

It was suggested that AB’s requirement of noise cancelling headphones was evident from the initial medical form. The judge stated, “Providing AB with the noise cancelling headphones was a reasonable adjustment which the police force failed to do”.  In addition to this, the judge found that CD’s comments regarding the validity of AB’s ADHD diagnosis and suggestion of exploitation amounted to unlawful harassment.

As a result, AB is estimated to receive around £126,542 compensation in a subsequent remedy hearing.

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