A former employee of Avon and Somerset Constabulary has been awarded £19,141 in compensation for disability discrimination after the police force did not provide her with noise-cancelling headphones. Donna Vale, who has ADHD, had requested the headphones at the start of her employment in September 2023, stating that they would help manage background noise due to her neurodivergence.
Despite her request, Ms. Vale had a pair of noise-cancelling headphones at home but had not disclosed this to her employer. An employment tribunal ruled that the duty to make reasonable adjustments lies with the employer, not the employee, and therefore the police force had a legal obligation to accommodate her request. Judge Edmund Beever noted it was unusual that Ms. Vale possessed headphones at home but did not inform her manager, Jennie Clarke, though he stated this did not undermine her case.
Ms. Vale, who transitioned to policing from a background in creative arts, had been diagnosed with ADHD in May 2023 via an online consultation. Her GP had previously declined to diagnose her, attributing her symptoms to low self-esteem. The online clinic used, ADHD360, had previously been featured in a BBC Panorama investigation.
Ms. Vale formally requested the headphones again after a four-week probation review in October 2023. Her line manager, Ms. Clarke, inquired about the specific need for noise-cancelling models versus standard headsets, asking for clarification. Ms. Vale did not pursue the request further at that time.
In November 2023, Ms. Vale experienced a health scare at work. She later confided in a colleague about concerns regarding her health being managed solely by ADHD360, with her GP reportedly unaware of her treatments. Ms. Vale subsequently met with Ms. Clarke and expressed doubts about the online clinic. The tribunal heard that Ms. Clarke agreed with Ms. Vale's concerns, questioning her diagnosis and suggesting she might be exploited, referencing the Panorama investigation.
Ms. Vale went on sick leave in December 2023. When Ms. Clarke attempted to check on her, Ms. Vale raised a grievance and requested no further contact. She did not attend grievance meetings, and her employment concluded in March 2024, coinciding with the return of the employee she was covering. Ms. Vale then filed a claim against the police force, alleging workplace rumors and dismissive remarks. The tribunal found that staff had been supportive and dismissed these claims.
However, the tribunal upheld Ms. Vale's claim for failure to make a reasonable adjustment, a form of disability discrimination, due to the absence of the headphones. The judge emphasized that while it was unfortunate Ms. Vale did not discuss her at-home headphones, it did not negate the substantial disadvantage she faced, which the police force could have reasonably identified. The failure to provide the headphones was deemed a breach of the duty to make reasonable adjustments.
Ms. Vale also successfully claimed disability harassment. The tribunal found that Ms. Clarke's questioning of Ms. Vale's ADHD diagnosis in a November 2023 meeting, implying she was exploited and her medication potentially unsafe, constituted unlawful harassment. The tribunal concluded that Ms. Vale's perception was that her diagnosis and treatment had been undermined by her employer.