There’s been a lot of conversation recently about a tribunal involving a PR agency and an employee with ADHD, which the agency lost.
The employee did miss meetings, go quiet on work, and arrive late on occasion. None of that is great. But when she mentioned her ADHD – even casually – the Equality Act duties were triggered. The agency didn’t formally explore reasonable adjustments, didn’t document support conversations, and moved quickly into performance management.
In short, the tribunal was clear: the performance issues existed, but the employer got the process wrong.
We were asked about this case in a training session recently. It had already been shared in a manager forum because it felt important. Managers wanted to understand what it meant for how they lead people day to day – and what it says about the expectations now placed on them.
The lesson isn’t the headline. It’s what the judgment shows us about feedback, process, and how managers engage with performance issues.
This case isn’t isolated. In recent years, employment tribunal decisions involving neurodiversity, mental health, disability discrimination, and failures to make reasonable adjustments have increased. In many cases, the behaviour itself isn’t really in dispute. What determines the outcome is the response.
What this case teaches us about feedback
Employment law is changing – and with it, the expectations placed on managers. There’s a growing emphasis on the pastoral side of management: the part that’s often been assumed, under-trained, or learned the hard way. That’s where things most often go wrong.
That’s also where this case becomes genuinely useful. Not as a legal scare story – as a clear example of how feedback, judgement, and process shape outcomes for both people and organisations.
Why feedback is culture, not just communication
Feedback isn’t a moment, a form, or a performance score. We see it as an ongoing, curiosity-led practice that helps people understand themselves more clearly and do better work.
This is where our FEAST framework comes in.
Focus on behaviour, not labels.
Not: ‘You’re unreliable and unprofessional.’ Instead: ‘I’ve noticed you missed X meetings and weren’t present for Y calls. That affects how dependable key work feels.’
Examples, with specifics.
Not: ‘You’re always late.’ Instead: ‘In the last two supplier meetings, you joined around ten minutes after the start time.’
Impact.
Not: ‘This is just wrong.’ Instead: ‘When meetings start late, it disrupts flow, frustrates stakeholders, and affects team credibility.’
Perspective.
Not: ‘Fix this or else.’ Instead: ‘Help me understand what’s going on. Is it workload, process, or something else?’
Forward.
Not: ‘Please just be on time.’ Instead: ‘What would help you arrive on time more consistently?’
Feedback and process build legal and cultural resilience
Employment law is evolving, but the underlying need hasn’t changed. FEAST helps organisations deliver feedback in a way that provides clarity. But feedback without process – without documentation, shared expectations, and follow-up – leaves gaps that hurt both the person and the business.
That’s why we work with agencies and in-house teams to embed stronger feedback systems: regular, behaviour-focused conversations rather than annual forms; manager training that builds curiosity and judgement, not snap reactions; clear documentation around performance, capability, and support; and alignment between people practice and legal expectations.
The organisations that get this right won’t just avoid tribunals – they’ll build workplaces where people know what good looks like, feel supported in getting there, and receive feedback early enough for it to make a difference.
What matters here
Feedback isn’t about scores or annual reviews. It’s connecting behaviour to impact. Asking questions before assuming intent. Creating environments that support growth while protecting the business too.
When managers are equipped with clarity, curiosity, and confidence, feedback becomes a tool for inclusion, improvement, and resilience – not just correction.
And just so it’s not only our word for it – here’s some feedback on our feedback training:
“The session provided a valuable framework for giving feedback that I’ll use going forward to keep both myself and my team accountable for making positive, constructive steps forward.”
“The best training workshop I’ve attended in a long time. Simple, clear, and valuable.”
“Thanks for coming to our office last week. The session was entertaining, relatable, and well put together – and the feedback so far has been very good.”
At HappyHQ, we help agencies and in-house teams build strong cultures and the leaders and teams who sustain them. Find out more about how we work at happyhq.co.uk/what-we-do, or say hello at hello@happyhq.co.uk