How Employment Tribunals Decide “He Said, She Said” Workplace Disputes
A recent Employment Tribunal case highlights how workplace comments can amount to disability-related harassment even without recordings or witnesses. In this decision, a neurodivergent employee successfully claimed £12,000 after her manager dismissed her request for reasonable adjustments at a company event with the remark, “stop thinking outside the box.”
The tribunal held that the comment was triggering and humiliating in the context of her mental disability – and crucially, that credibility and context were enough to establish the facts. Employment Tribunals decide cases on the balance of probabilities, not criminal‑style proof, meaning the most convincing account often prevails.
The judgment underscores the growing importance of neurodiversity awareness, emotionally intelligent management, and thorough employer investigations. It also serves as a reminder to employees that contemporaneous notes and clear reporting can form persuasive evidence even in the absence of witnesses.
Emma Gross analyses this case in detail, including the key takeaways for employers and employees in her article for Workplace Wellbeing: Emma Gross: He Said, She Said – but Who Does the Tribunal Believe?
