A Sigh Can Be Harassment

The Power of Nonverbal Communication in the Workplace

An employment tribunal in Southampton, England, has highlighted just how powerful nonverbal cues can be. In its ruling, a tribunal determined that a boss’ repeated sighing and exaggerated exhales could be deemed discriminatory harassment.

The case involved software engineer Robert Watson, who joined his company in 2020 and was diagnosed with Attention Deficit Hyperactivity Disorder (ADHD) two years later. Apparently, Watson struggled with timekeeping and maintaining focus – challenges consistent with ADHD symptomatology. Despite these known difficulties, his line manager was claimed to have responded with criticism and nonverbal displays of frustration.

Sighing may appear innocuous, but in context – when repeated, targeted, and clearly expressing exasperation – it can significantly erode the recipient’s self-esteem and exacerbate anxiety. “Reactions from others, verbally or as a gesture, can [have] a damning effect on his self-esteem and anxiety,” the tribunal concluded, acknowledging the damaging psychological impact of nonverbal behaviours.

This Ruling Matters

The ruling affirms a vital truth: nonverbal communication is not harmless by default. Like verbal abuse, gestures and facial expressions can be weaponised – particularly when directed disproportionately at a vulnerable individual.

It is well-established that nonverbal communication makes up much of our interpersonal communication. While context and content matter immensely, our tone, posture, and expression shape how a message is received.

The Neurodivergent Perspective

Watson’s case is especially poignant as it illustrates how such behaviours affect neurodivergent individuals. People with ADHD often experience heightened emotional sensitivity and rejection sensitivity dysphoria (RSD) – a condition where real or perceived criticism can trigger intense emotional pain (Dodson, 2017). For someone with RSD, a sigh is not merely a sigh – it can feel like a dismissal of their value and capability.

Where Do We Draw the Line?

Certainly, not every sigh or eye roll constitutes harassment. As with all communication, context is everything. A wink might be playful among friends but predatory in a hierarchical work setting. Prolonged eye contact can signal confidence in a meeting – or intimidation in a corridor.

In certain context, many of these behaviours can be seen as unambiguous.

Theatrical sighs, derisive snorts, sneers, exaggerated eye rolls, or even certain gestures – up to and including the infamous middle finger – are understood across many cultures as signals of disdain, rejection, or mockery.

If such expressions are consistently directed at a single individual, and especially where there’s a power imbalance or protected characteristic involved (such as disability), they cross a line from unpleasant to unlawful.

The Cost of Being Dismissed

Research in occupational psychology has shown that microaggressions – subtle, often nonverbal expressions of hostility – can have cumulative effects on mental health. Sue et al. (2007) define microaggressions as “brief and commonplace daily verbal, behavioural, or environmental indignities” that communicate hostile or derogatory slights. These acts, though minor in isolation, can erode psychological safety, reduce workplace engagement, and lead to increased staff turnover.

Moreover, consistent exposure to negative nonverbal signals has been shown to activate the amygdala – the brain’s threat detector – triggering a stress response (Porges, 2011). This response can be especially acute in individuals already managing anxiety or neurological difference. They may also be primed to notice such messages.

A Test of Empathy and Leadership

For managers and colleagues alike, Watson’s case provides a compelling call to reflect:

• Would I behave this way towards a stranger?

• If someone sighed at me, would I feel supported or devalued?

• Does this behaviour reflect empathy, or exasperation?

Good leadership demands self-awareness. Even the smallest gesture, when repeated and targeted, can communicate volumes and may cost you a tribunal.

References

Dodson, W. (2017). ADHD and Rejection Sensitivity. ADDitude Magazine.

Porges, S. W. (2011). The Polyvagal Theory: Neurophysiological Foundations of Emotions, Attachment, Communication, and Self-Regulation. Norton.

Sue, D. W., Capodilupo, C. M., Torino, G. C., Bucceri, J. M., Holder, A. M. B., Nadal, K. L., & Esquilin, M. (2007). Racial microaggressions in everyday life: Implications for clinical practice. American Psychologist, 62(4), 271–286.

Employment Tribunal Judgement, Southampton, May 2025. Robert Watson vs Employer (Name withheld), as featured in The Times 22.05.2025