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British workers who are sensitive to rejection can sue for disability discrimination, according to a new tribunal judgment.
Employees in the UK can sue for discrimination under employment law if they have 'rejection sensitivity', which is a symptom of ADHD, the ruling states.
The trait is described as an emotional response to any perceived criticism, disapproval, or rejection.
The new ruling comes after Lidl worker Ryan Toghill, who has rejection sensitivity, won a disability discrimination case after he was sacked.
He is now set to receive compensation from the supermarket giant after successfully suing them at Cardiff Employment Tribunal.
A judge found that Mr Toghill, who has ADHD, had been unfairly and wrongfully dismissed, subject to unfavourable treatment because of something arising in consequence of disability, and the firm had failed to make reasonable adjustments.
Mr Toghill began working at Lidl in Newport, Monmouthshire, in October 2019 as a shift manager before being promoted to deputy store manager in June 2022.
The former Lidl employee had been diagnosed with ADHD in May 2022 and, as part of the condition, experiences rejection sensitivity.
The tribunal heard that within the Newport store's warehouse, employees used powered pallet trucks (PPTs) - heavy, powerful pieces of equipment weighing approximately one tonne.
Staff attended PPT training every six months - yet Mr Toghill said that it was 'commonplace' for people to use it without training.
Mr Toghill was diagnosed with a hernia in July 2023 and was transferred to Lidl's store in Ystrad Mynach around the same time.
He continued using the powered trucks at work which, due to his hernia, was judged to be dangerous, and an investigation was launched.
This led to him being signed off sick with stress and anxiety for four weeks, the tribunal heard.
At a disciplinary hearing in August 2023, he was sacked, with bosses citing a 'lack of remorse' from Mr Toghill.
They also claimed he had gone against the instructions of his boss, withheld information within the disciplinary hearing and engaged in 'deliberate deception'.
After an appeal failed, Mr Toghill was offered a demoted role as a shift manager which bosses argued was 'better suited' to him - but the employee saw this as discriminatory and rejected the position.
