A former employee at a luxury hotel near Oxford has been awarded over £200,000 after an employment tribunal found she was subjected to disability discrimination related to her attention deficit hyperactivity disorder (ADHD). Roberta Ghiotto, who worked as a talent and culture coordinator at the Hawkwell House Hotel, part of the Accor Group, was dismissed following a probationary period during which she was assigned a challenging payroll task in unsuitable conditions.

Ms Ghiotto was employed from October 2023 until her dismissal in March 2024. She was brought on as maternity cover and informed her employer about her ADHD, explaining that she found highly detail-oriented tasks difficult. Despite this, she was tasked with completing a three-day payroll assignment "under pressure," without formal training, in a former cupboard converted into a workroom that lacked a telephone and windows. The tribunal heard that this environment was stressful and inadequate for the task.

The hotel’s general manager, Anuj Sagar, extended Ms Ghiotto’s initial three-month probation period by another three months in response to errors in her payroll work. Mr. Sagar ordered her to concentrate solely on the payroll duties during the extension, but Ms Ghiotto sought assistance from an accountant and requested additional time to complete the assignment, expressing concerns about passing probation.

During a meeting, Ms Ghiotto disclosed her ADHD diagnosis was not formal but communicated her challenges with detail-focused work. Mr. Sagar sought external advice and subsequently dismissed her, citing poor performance during probation. The tribunal ruled that Mr. Sagar was aware of her condition and that his decision to dismiss was influenced by a mistaken belief that a formal diagnosis was necessary for protection under the Equality Act.

Employment Judge Akua Reindorf KC determined the payroll assignment and working conditions were deliberately designed to set Ms Ghiotto up to fail. The judge concluded that the former cupboard was an inappropriate workspace, exacerbating the difficulties Ms Ghiotto faced due to her disability.

The tribunal’s ruling upheld Ms Ghiotto’s claim of disability discrimination, awarding £200,252 in compensation. This case highlights the importance of reasonable adjustments and understanding disabilities within the workplace, particularly under the provisions of the Equality Act. The Hawkwell House Hotel is part of Accor Group, which operates approximately 6,000 hotels globally and markets the venue as an "enchanting retreat" in a "picturesque village."