Worker awarded £27k after employer failed to make adjustments

NHS Foundation Trust refused Davies' request to move desks or wear headphones in the office

NHS Foundation Trust failed to make reasonable adjustments for an administrator who struggled to concentrate in a noisy office following a brain haemorrhage, a tribunal found. 

Rose Davies suffered a brain haemorrhage, which impacted her memory, caused concentration problems and increased sensitivity to noise and light. 

The tribunal found that the NHS trust had breached its duty to provide reasonable adjustments to Davies’ office environment, and she was awarded £27,000 for injury to feelings. 

Making adjustments to the office environment can help HR retain employees, commented Jenny Jarvis, founding partner at transformation consultancy Q Branch.

“Recognising and addressing individual needs fosters loyalty, increases productivity and strengthens business outcomes,” she told HR magazine. 

“Employees who feel heard and supported will often outperform those who do not face such challenges, making such accommodations a smart investment for the business.”

Employers should consult employees about how they can change the office environment to suit their individual needs, she continued.

“Understanding what employees need requires careful attention to those who may be quieter or louder than the average worker,” she added.

“Quiet employees often appear disengaged but may be struggling to concentrate in the current environment. On the other hand, louder employees may feel distracted and seek conversation as a form of coping. 

“Rather than managing their performance, HR should ask how they can help these employees refocus

“Active listening is crucial, where HR needs to set aside personal biases and truly assess whether requests from employees are unreasonable or simply challenging old ways of thinking.”


Read more: Zurich introduces sense maps for inclusive offices


In 2018, Davies raised issues with her line manager about the noise levels in the office, and its impact on her wellbeing and performance at work. 

She had previously raised issues with the same problem, which the NHS trust had accommodated by making adjustments to her role and office environment.

On this occasion, however, her line manager informed her that he did not think there was much that could be changed. Her manager refused to move her to a desk in the quietest area of the office, and said that she could not use ear defenders as she would have to be able to hear the telephone.

Davies then took a period of time off work for stress. On her return to work, an occupational health assessment stated she was “unlikely to function well in her role without adjustments”.

No further changes to her environment were made, and Davies began to stay late to be able to complete her work when her colleagues went home and the office was quiet. Her line manager noticed this and requested a review of her work load. 

Davies subsequently resigned. Davies’ claims of unfair dismissal and disability discrimination were dismissed, but the tribunal awarded her £27,208.74 for injury to feelings for the trust’s breach of duty to provide reasonable adjustments and loss of earnings.


Read more: Return to office policies must work for neurodivergent staff


Jarvis noted the importance of a collegiate approach to office environment adjustments.

She said: “Changes, collaboratively decided with the employee, can be long-term solutions rather than temporary fixes. Employers must remember that maintaining these adjustments is often why the employee is thriving, not a sign that they no longer need them.”

Daniel Aherne, founder of neurodiversity consultancy Adjust, highlighted that workplace adjustments are crucial to creating neuroinclusive work environments.

He told HR magazine: “The concept of requiring all team members in one office is becoming outdated. Effective teamwork can occur without physically being in the same room. Exploring alternatives to traditional office spaces is key for neuroinclusion and productivity

“Remote working allows employees to control their environment, improving focus and wellbeing. HR can further support employees by offering flexible working hours, enabling people to work during quieter times. 

“Core hours for collaboration can be maintained while providing freedom outside those hours, for deep-focus work. By adopting these approaches, HR can foster a work culture where everyone can perform at their best.”

Smaller adjustments to the office could also make a difference to productivity, Aherne suggested.

“HR can introduce quiet zones, provide noise-cancelling headphones, offer remote work or flexible hours, rearrange desks, and add soundproofing,” he recommended.