In the world of employment law, it’s no longer just the obvious behaviours that get companies in trouble. A landmark tribunal case this May has shown that even a sigh – yes, a sigh – can be legally recognised as discriminatory.
If you think that sounds extreme, you’re not alone. But the legal precedent is clear: even subtle, repeated actions can amount to workplace discrimination.
The Tribunal Case: Sighing as Disability Discrimination
In May 2025, a UK Employment Tribunal ruled that repeated sighing and exaggerated gestures by a manager toward an employee with ADHD constituted disability discrimination.
The case: Robert Watson vs Roke Manor Research (Hawk-Eye).
His manager would often sigh in frustration and visibly react to Watson’s difficulties with focus and time management – symptoms linked to his neurodiverse condition.
The outcome:
Watson won his claim. The tribunal found these repeated non-verbal cues created a hostile environment.
“Reactions from others, verbally or as a gesture, can have a damning effect on self-esteem and anxiety.”
– Employment Judge Catherine Rayner
The Rise of Micro-Discrimination
Welcome to the era of micro-behaviours and unconscious bias. These are minimal actions that may seem harmless in isolation, but become discriminatory when repeated, targeted, or left unaddressed-especially when related to a protected characteristic.
Here are just a few examples:
| Behaviour | Risk Area |
| Sighing or rolling eyes at a neurodivergent colleague | Disability discrimination |
| Ignoring a colleague in group discussions | Race or gender-based exclusion |
| Using nicknames that diminish someone’s cultural name | Racial or religious bias |
| Making assumptions about someone’s availability due to childcare | Sex or maternity discrimination |
Why It Matters: These Actions Are Legally Actionable
Under the Equality Act 2010, employees are protected from discrimination – not just in terms of policy, but in day-to-day interpersonal behaviour.
And there’s no cap on compensation for discrimination claims.
That means a repeated pattern of “small” behaviours – sighs, eye-rolls, sarcastic tones – could cost your business hundreds of thousands in tribunal damages, especially if linked to a disability or protected characteristic.
Train Your Team Before the Tribunal Does
This is where comprehensive anti-discrimination e-learning makes the difference between a culture of accountability and a legal disaster.
Our Anti-Discrimination e-learning course is built to address:
- What counts as microaggressions
- How subtle behaviours can be discriminatory
- The legal duties of managers and employers
- Compliance tracking for legal defence – CPD accreditation
By completing this CPD-accredited training, your organisation can demonstrate that it has taken all reasonable steps to prevent discrimination – a vital defence in the event of a tribunal. The course takes just 45 minutes to complete, is accessible from any device, and costs only £29 per person.
Intent Doesn’t Erase Impact
It’s not about what you meant – it’s about how your actions land. In the eyes of the law, a pattern of small gestures can be just as harmful – and just as illegal – as explicit remarks.
If your team isn’t trained to recognise the risk, you’re leaving your business exposed to unlimited damages. Book a short demo or enrol on our e-learning site!