A police worker with ADHD has won a £19,141 payout after an employment tribunal ruled that Avon and Somerset Constabulary discriminated against her by failing to supply noise-cancelling headphones, even though she owned a pair at home that she never used.
Donna Vale asked for the headset when she began working for the force because she is neurodivergent and said it would help with background noise, the tribunal in Bristol heard. She had a working pair at home but had not told her new boss about them.
Employment Judge Edmund Beever ruled that this did not undermine her case, as the duty to make reasonable adjustments rests with the employer, not the employee. He said it was "unusual" that she had a pair at home but did not raise it.
Ms Vale began working as a victim and witness care officer at the force in a temporary role covering a long-term absence in September 2023. She was new to policing, having previously run her own creative arts business and worked as a self-employed artist, saying her ADHD made her reluctant to work with others.
ADHD diagnosis
Ms Vale was diagnosed with ADHD in May 2023 through an online consultation with ADHD360, after her GP had refused to diagnose her, believing her symptoms were simply low self-esteem. ADHD360 had previously featured in a BBC Panorama episode after an undercover journalist was diagnosed with ADHD and prescribed medication without proper checks.
When she started at the force, Ms Vale requested noise-cancelling headphones and told her employer about her ADHD. She repeated the request after a four-week probation review in October 2023.
Her line manager, Jennie Clarke, responded: "These are noise cancelling ones not the routine ones - is that correct? I will be asked can I confirm why you need those as opposed to a normal headset. Let me know."
Ms Vale did not raise the request again. The tribunal heard she had a working pair of noise-cancelling headphones at home that she never brought in or used.
What the judge said
Judge Beever said the issue "fell between the cracks." He said: "There is one unusual aspect to this. She had some noise cancelling headphones at home. She did not raise that fact with Miss Clarke, and did not use them at work. This may be seen as unfortunate but... the duty to make reasonable adjustments is on the employer and not the employee."
He added that, for argument's sake, self-helping in such a case was not sufficient of itself to undermine her case in respect of any broader challenge that she may not have been at a disadvantage.
Health scare and doubts over diagnosis
In November 2023, Ms Vale had a health scare at work in which she believed she was suffering a heart attack. She confided in a colleague, who had previously worked as a nurse, that her GP had no awareness of what medication she was taking because her care was being handled solely by ADHD360.
Ms Vale then discussed her own doubts about ADHD360 with Miss Clarke at a meeting. The tribunal heard Miss Clarke agreed and questioned the diagnosis, suggesting Ms Vale could be being "exploited" in light of the Panorama investigation.
Ms Vale went on sick leave in December 2023. When Miss Clarke wrote to a support officer to check on her, Ms Vale raised a grievance and asked not to be contacted again. She did not attend any grievance meetings, and her employment ended in March 2024, which had already been planned as the previous member of staff was due to return from absence at that time.
Tribunal ruling
Ms Vale took the force to an employment tribunal in Bristol, alleging staff had spread cruel rumours about her and made dismissive remarks. The tribunal found that staff had actually been supportive of her throughout her employment and dismissed those claims.
However, she succeeded on a claim of failure to make a reasonable adjustment, a form of disability discrimination, over the missing headphones. Judge Beever said: "It is not sufficient to negate a finding that she was at a substantial disadvantage, which the force could reasonably have known. Providing her with noise cancelling headphones was a reasonable adjustment which the force failed to do."
Ms Vale also won a claim of disability harassment over the conversation in which Miss Clarke questioned her ADHD diagnosis. Judge Beever said the tribunal found that the effect of Miss Clarke's conduct at the 16 November 2023 meeting, in questioning the private diagnosis and insinuating Ms Vale had been exploited and that her medication might be unapproved and unsafe, amounted to unlawful harassment.
The tribunal ordered the force to pay Ms Vale £19,141 in total compensation, including £15,124 for injury to feelings.
