A London Employment Tribunal recently dismissed claims that constructive criticism about “messy work” constitutes harassment or disability discrimination. In the case of Shevlin v John Wiley & Sons Limited, Mr Shevlin, a senior HR operations manager, alleged that his manager’s comments had humiliated him because of his undisclosed ADHD and dyslexia traits.
What was the background of the case?
Mr Shevlin started his employment in May 2022. During a review in May 2023, Shevlin’s manager noted that he was very busy and tended to rush tasks under pressure, leading to typos, misplaced capitals, and unclear sentences. She suggested these issues could impact his professional reputation and advised more careful proofreading.
Mr Shevlin stated that he felt “humiliated and ashamed” and alleged discrimination due to his ADHD and dyslexia. Feeling devastated by the feedback, Mr Shevlin resigned after securing another job and filed claims of harassment and disability discrimination.
What was the Employment Tribunal Decision?
It was found that there was no legal basis for the claims and they were dismissed. Additionally, Mr Shevlin was ordered to pay £20,000 in costs.
It was emphasised that performance-related feedback, when delivered reasonably and professionally, does not meet the threshold for harassment. The comments made were accurate, constructive and in the context of professional development.
Crucially, Mr Shevlin did not inform his employer of his disabilities and therefore, there was no unfavourable treatment.
Why It Matters
Shevlin’s experience illustrates how well intentioned feedback can be misconstrued as discriminatory. However, this case also shows the Tribunal’s willingness to protect constructive managerial feedback. This is especially pertinent when the feedback targets performance and there is no evidence that the employer was aware of a disability.
There is a clear line between criticism of messy work and harassment
Objective, performance focused feedback is legally permissible and does not automatically equal discrimination. While this is reassuring for employers, they should remain sensitive when raising such feedback. This is especially the case where there is a potential medical issue.
The need for medical evidence
Claims of disability discrimination require the disability to have been known, or reasonably knowable, to the employer. An employee must provident medical evidence to show a causal link between the alleged disability and workplace issues. Employers must have actual or constructive knowledge of the disability for liability under the Equality Act 2010.
What do employees need to know?
- Keep perspective: Not all critical feedback amounts to harassment. Context, tone, and intent matter.
- Disclosure is key: Legal protection for disabilities often depends on whether the employer is aware of your condition.
- The timing of a dispute may affect the outcome: Mr Shevlin resigned before raising the issue formally. If feedback feels unfair, raise your concerns promptly and provide relevant documentation to strengthens your potential claim.
What can mangers do to avoid claims for disability discrimination?
If there is any awareness of potential disability, consider offering reasonable adjustments or discussing occupational health support. As an example, extra proofreading support or deadline flexibility could be offered to neurodiverse employees.
Employers should document transparent, balanced performance reviews and ensure comments are constructive and proportionate. Train managers to deliver clear, empathetic feedback and to understand the distinction between performance management and discrimination.
Do you need expert legal advice?
If you’re unsure how to craft performance reviews or manage feedback involving possible disabilities, contact DPH Legal today. We can help ensure your processes are legally sound, empathetic, and best practice. Our solicitors will be happy to provide you with the advice and support you need.
Contact DPH Legal today by calling 0179 338 4877 or emailing info@dphlegal.com
