Soundbite: Constructive Criticism is not Harassment

In the recent case of Mr T Shevlin v John Wiley and Sons Limited, an employment tribunal dismissed claims of disability discrimination and harassment, ruling that providing critical feedback about an employee’s work is not, in itself, harassment.

Mr Shevlin alleged that comments made by his employer about the quality of his work — described as “messy” and including “a lot of typos” — were discriminatory and amounted to harassment related to his disability (ADHD). However, the tribunal found that the employer’s actions were reasonable and that the feedback given on what was a “relatively minor weakness in his performance” was part of normal performance management. Furthermore, Mr Shevlin had not disclosed his ADHD and what Mr Shevlin described as his ‘dyslexia traits’ to his employer. The tribunal was also not satisfied that Mr Shevlin had demonstrated that the making of spelling and grammar errors was caused by his ADHD or was a direct or indirect consequence of it or any other mental impairment.

This case highlights the importance of employers being able to identify areas for improvement to assist employees in improving their performance. As an employer, you are entitled — and expected — to address performance issues.

If you need advice on performance management in the workplace, please get in touch with a member of the team.