Recent employment tribunal decisions involving Capgemini, including cases linked to employees such as Bahar Khorram, signal a clear shift in how workplace health and capability issues are being assessed across the UK.
What is emerging is not just a focus on single conditions, but a deeper recognition of how factors such as menopause and diagnosed ADHD can interact — and how this combination can significantly impact an individual’s ability to function at work. Tribunals are increasingly treating these cases as falling squarely within the scope of the Equality Act 2010.
The financial consequences for employers are becoming difficult to ignore.
Across comparable cases, tribunal awards have included:
- Injury to feelings awards ranging from approximately £9,000 to £45,000 (in line with the Vento bands, depending on severity)
- Loss of earnings exceeding £50,000 in cases involving long-term absence or dismissal
- Aggravated damages where employer’s conduct has been deemed particularly unreasonable
In menopause-related claims alone, compensation has exceeded £30,000 where reasonable adjustments were not properly considered or implemented. Similarly, in neurodiversity cases, a failure to recognise ADHD as a potential disability has led to substantial financial awards, alongside reputational damage.
Employers are expected to take a far more proactive and informed approach.
This includes:
- Engaging Occupational Health at the appropriate stage
- Recognising ADHD as a disability where the legal criteria are met
- Understanding menopause as a potential compounding factor
- Putting in place tailored, practical workplace adjustments
At Thrivergent Solutions, we support organisations to navigate this complexity with confidence. Through physician-led Occupational Health assessments, workplace adjustment reports, and targeted training, we help ensure decisions are both compliant and defensible.
Early, evidence-based intervention is no longer best practice; it is essential.
