A recent Employment Tribunal (ET) decision has held that a neurodiverse employee was discriminated against after their employer failed to make reasonable adjustments during a disciplinary process.
Background
An autistic employee used his Wetherspoons staff discount for a meal of seven, unaware the company’s policy limited discounts to groups of four. He was called to a meeting to investigate a “potential violation” of the policy. He admitted the rule-breach, albeit unaware of the rule at the time.
Despite explaining that his mother needed to assist him at formal meetings due to his autism, Wetherspoons initially refused and also failed to make other adjustments, such as sending questions in advance, offering opportunity for a written submission or an online meeting. They proceeded with disciplinary action for gross misconduct. He went on sick leave due to stress and anxiety.
The ET found that Wetherspoons knew or should have known of his disability, and that the failure to make reasonable adjustments put him at a substantial disadvantage. He was awarded £25,412 in compensation (loss of earnings, injury to feelings, and interest).
Practical takeaways for employers
Tailor your processes – a one-size-fits-all approach isn’t always going to work and will likely breach your duty to make reasonable adjustments. Always consider different communication needs, additional time requirements, or alternative meeting formats for employees with disabilities.
Appropriate support – ensure policies explicitly cover support during hearings, such as allowing a companion, advocate, or family member. Early engagement with HR or occupational health can prevent potential escalation.
Document decisions – keep clear records of discussions, accommodations offered (including those you’re not able to and why!), and decisions made. Documentation is critical evidence if you’re ever defending against potential discrimination claims.
Train managers and review policies – managers must understand their obligations under the Equality Act 2010 relating to disabilities, neurodiverse conditions, and reasonable adjustments. Even the enforcement of relatively minor policy breaches (the discount amounted to a saving of a little over £19 in this case) can create legal risk if they aren’t handled carefully.
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How can we help?
Autism is one of many neurodiverse conditions, and with one in seven people in the UK now estimated to be neurodivergent – plus a 600% rise in adults seeking support over the past two and a half years – neurodiversity awareness can’t be treated as optional, both legally and culturally.
Roll out neurodiversity training across all teams to remove stigma, normalise adjustments, and show you’re taking reasonable steps. At the same time, ensure managers can recognise neurodivergence, hold supportive conversations, and implement practical day-to-day adjustments. Our neurodiversity eLearning and toolkit help turn awareness into action, setting teams up to succeed – get in touch to find out more.
This update is accurate on the date it was published but may be subject to change which may or may not be notified to you. This update is not to be taken as advice and you should seek advice if anything contained within affects you or your business.
