In 2021, Nicole Hogger received a life-altering diagnosis: ADHD. Little did she know, this understanding of herself would soon become central to a significant legal battle, one that exposed a troubling lack of support within her workplace.
Nicole had joined Genesis PR in 2018, quickly proving her worth and earning a promotion to PR account manager by 2020. A senior leader, Alison Straker, had actively championed her advancement, recognizing Nicole’s talent and effectiveness in managing client projects and communication campaigns.
The ADHD diagnosis revealed a pattern of challenges – difficulty with organization, forgetfulness, and a persistent struggle to initiate tasks requiring focused mental effort. Procrastination, a long-standing issue, now had a name and a potential path toward understanding.
Nicole confided in Ms. Straker, her line manager, about her diagnosis, hoping for understanding and perhaps, accommodation. Initially, there was a willingness to help. When managers noticed Nicole becoming increasingly anxious and falling behind on her workload in early 2022, Ms. Straker attempted to alleviate the pressure by redistributing some tasks.
This temporary relief was short-lived. Soon, Nicole began missing calls and concerns about her performance escalated. Managers expressed frustration, noting they had to constantly oversee her work to prevent errors and ensure deadlines were met.
Internal emails revealed growing dissatisfaction. One manager bluntly stated Nicole was “slipping behind” again. Another reported she had “gone dark,” failing to communicate on critical projects. Ms. Straker’s response – “that’s not good enough” – hinted at mounting pressure and a lack of constructive solutions.
Nicole’s attempts to explain absences – claiming time spent at a massage, Starbucks, or the supermarket – only fueled perceptions of disorganization and a lack of commitment among her colleagues. Crucially, her ADHD was never openly discussed or considered as a contributing factor.
The situation reached a breaking point when Nicole arrived 40 minutes late to a meeting, despite reminders from her team. Facing the prospect of a performance improvement plan, she unexpectedly resigned, citing a desire to pursue “a new path” and “professional development elsewhere.”
Following her departure, Nicole bravely established her own business. However, she also pursued legal action against Genesis PR, alleging disability harassment, discrimination, and unfair constructive dismissal.
Employment Judge Roger Tynan’s ruling was decisive. He found that Genesis PR had failed to adequately consider Nicole’s ADHD and that the feedback she received was ultimately unhelpful. The company had taken no “practical steps” to prevent similar situations in the future.
The judge further concluded that comments made to Nicole had violated her dignity and created a hostile environment, simply serving to highlight a negative aspect of her disability. Nicole’s complaints were upheld, paving the way for compensation.
This case serves as a stark reminder of the importance of understanding and accommodating neurodiversity in the workplace. It underscores the need for open communication, proactive support, and a commitment to creating an inclusive environment where all employees can thrive.
