A costly reminder for UK employers: reasonable adjustments must be real, not performative

A recent Employment Tribunal decision is a stark reminder that disability discrimination risks aren’t limited to “big” HR mistakes. They can come from everyday management decisions, rushed probation processes, and a lack of meaningful engagement when an employee discloses a health condition.

A costly reminder for UK employers: reasonable adjustments must be meaningful, practical and genuinely support employees with disabilities.

In this case, a former HR professional, Roberta Ghiotto, was awarded £200,252.02 for disability discrimination and failure to make reasonable adjustments after being instructed to work from inside what was described as a cupboard.

The facts (as reported in the tribunal documents) are uncomfortable reading. But they’re also useful because they highlight exactly what employers should do differently when an employee says they’re struggling and a condition may fall under the Equality Act 2010.

What happened

Ms Ghiotto was employed by Hawkwell House Hotel as a talent and culture co-ordinator and, according to the tribunal, became the organisation’s only in-house HR employee. During probation, she explained that she had limited experience and no formal training in payroll and that she found payroll particularly difficult due to her ADHD.

After disclosing her ADHD, she was permitted to work in a quieter area for three days to focus on payroll. However, she was placed in a former cupboard on a different floor, with no telephone line and no window.

The judge was critical of how this was handled, concluding the approach did not demonstrate genuine support and that restricting her duties to payroll alone during this period was effectively setting her up to fail.

The tribunal also criticised the employer’s approach to the legal position, including the suggestion that dismissal could be pursued because there was no formal diagnosis when a diagnosis is not necessarily required for a condition to meet the definition of disability under the Equality Act 2010.

The tribunal upheld claims including direct disability discrimination, discrimination arising from disability, and failure to make reasonable adjustments.

The practical HR lesson: “quiet space” isn’t automatically a reasonable adjustment

It’s easy to assume that moving someone to a quieter area is supportive. Sometimes it is. But the reasonableness of an adjustment depends on context and impact.

A reasonable adjustment should:

• address the disadvantage the employee is experiencing
• be discussed with the employee (not imposed on them)
• be accompanied by the right training, resources, and management support
• give the employee a fair opportunity to succeed

In contrast, isolating an employee in an unsuitable workspace especially while removing the parts of their role where they perform well can look less like support and more like a paper trail.

Probation doesn’t remove your duties

Probation periods are often treated as an “easy exit”. That mindset is risky.

Probation is still employment, and your legal duties still apply—particularly if:

• an employee discloses a physical or mental impairment
• the impairment may have a substantial and long-term effect on day-to-day activities
• they are placed at a disadvantage because of that impairment

If you’re unsure whether the Equality Act 2010 applies, the safest approach is to slow down, seek advice, and engage properly rather than rushing to a capability or dismissal decision.

What UK employers should do instead

If an employee discloses ADHD (or another condition) and says they’re struggling, these steps will usually keep you on the right track:

1) Take the disclosure seriously and respond professionally
Avoid off-the-cuff comments. Thank them for raising it. Confirm you’ll explore support options and agree next steps.

2) Clarify the role requirements and the pinch points
Be specific. Which tasks are difficult? When? What triggers the difficulty? What does “good” look like in the role?

3) Explore adjustments with the employee (and document it)
Ask what has helped them before. Consider adjustments to:

• environment (noise, interruptions, lighting)
• working patterns (structured time blocks, flexible start times)
• management approach (clear priorities, regular check-ins)
• task design (breaking work into steps, written instructions, realistic deadlines)

4) Provide training and resources especially if the gap is skill-based.
If someone lacks payroll training (or any essential skill), it’s not a disability issue to “test them harder”. It’s a capability and training issue. Support should include proper onboarding, guidance, and time to learn.

5) Consider Occupational Health advice where appropriate
Occupational Health can help translate a health disclosure into practical, workplace-specific recommendations.

6) Manage performance fairly and supportively
If performance concerns remain:

• set clear objectives
• agree realistic timescales
• provide regular feedback
• confirm what support is in place
• keep notes of meetings and decisions

The key is being able to demonstrate you genuinely tried to help the employee succeed, rather than creating conditions where failure was predictable.

A note on “no diagnosis”

A formal diagnosis is not the only factor in whether an employee may be protected under the Equality Act 2010. If you treat “no diagnosis” as a green light to dismiss, you can expose the business to serious risk.

The safer approach is: if a condition is raised and it may be relevant, pause, gather appropriate evidence, and follow a fair process.

Final thought: inclusion is a management discipline, not a slogan

Most employers want to do the right thing. But good intentions don’t protect you if the process is flawed, the adjustments are inappropriate, or managers aren’t trained to handle disclosures properly.

If you want to reduce tribunal risk and build a more supportive workplace, it starts with practical systems: clear probation processes, manager training, sensible documentation, and a consistent approach to adjustments.

If you’d like support reviewing your approach to probation, capability, and reasonable adjustments or training your managers to handle these conversations properly call our team at Tick HR on 01522 448 181.