Toghill v Lidl – ADHD, Discipline and a £45K Tribunal Lesson
Lidl Had Grounds To Discipline. The Process Is What Cost Them £45k.
Lidl disciplined a deputy store manager for using a forklift he’d been explicitly told not to.
The reason for dismissal was that he showed ‘no remorse’ at the disciplinary hearing.
He had ADHD. What looked like no remorse was rejection sensitivity – an inability to process criticism and formal confrontation without shutting down.
Lidl’s own policy said to consider disability before taking disciplinary action. They didn’t.
The tribunal wasn’t impressed. Neither was Lidl with their £45,147 bill.
Lessons for HR
- ‘No remorse’ in a disciplinary might be a disability symptom, not an attitude problem.
- Your own policies exist for a reason – follow them.
If you don’t understand how a condition presents, seek advice before you dismiss.
