The Claimant, who is autistic and disabled under the Equality Act 2010, was employed by Wetherspoons as a kitchen porter at The Albany Palace pub in Trowbridge, Wiltshire. He unknowingly breached the employee discount policy to pay for a family meal and was awarded more than £25,000 following his employer’s failure to make reasonable adjustments.
Background
On 12 August 2023, the Claimant used his staff discount for a family meal of six, unaware of his employer’s policy limiting discounts to parties of four. The discount totalled £19.17.
The Claimant was invited to attend an investigation meeting on 17 August during which he disclosed that his mother had access to his rota app, which was treated as a data breach. He apologised, explained he was unaware of both policies and his mother deleted the app immediately.
After disclosing his autism, the Claimant requested that his mother attend any formal meetings and a neurodiversity plan was completed. At a second meeting on 25 August, the Claimant’s mother explained the reason for accessing the rota app was to assist her son in planning his journey to work, and that due to his condition, he would not read any workplace policies unless instructed to do so. It was also noted that he had been underpaid and had not received any appraisals.
Despite this, the Respondent initiated disciplinary proceedings for gross misconduct, failed to make reasonable adjustments and did not invite the Claimant’s mother to attend meetings. The situation caused the Claimant significant stress and anxiety, resulting in sickness absence and an Occupational Health referral.
The Occupational Health report confirmed that the Claimant was unfit for work due to anxiety and found his work situation had caused ‘intense distress’. It also noted that the Claimant required one-to-one explanations of key policies/documents, advance notice of any meetings and that his mother acts as a carer supporting him with technical and practical tasks, including use of the rota app.
On 23 September, the Claimant’s mother raised a formal grievance. The hearing was first scheduled at short notice without her inclusion, then rearranged for 24 November with an invitation for reasonable adjustments.
The Respondent subsequently put in place extensive reasonable adjustments for the Claimant, who returned to work. However, whilst continuing to work he also submitted a claim to the Tribunal alleging failure to make reasonable adjustments under the Equality Act 2010, disability discrimination related to autism and disability-related harassment.
Tribunal Findings
The Tribunal accepted that the Claimant was disabled under the Equality Act 2010 and that neither the Claimant or his mother was aware that the staff discount only applied to groups of four or less.
The Tribunal also found that the Respondent failed to make reasonable adjustments for the Claimant’s disability, particularly in how they applied their investigation and disciplinary procedures.
The Respondent’s zero-tolerance approach of using standard procedures that failed to make reasonable adjustments was criticised by the Tribunal, as this placed the Claimant at a ‘substantial disadvantage’ compared to non-disabled colleagues:
- The Claimant was suspended and progressed to a disciplinary hearing without discussion of how his disability might affect the process.
- His mother was not invited to accompany him at meetings.
- Template letters were used without amendment to reflect the Claimant’s disability-related needs.
The Tribunal commented that the company’s approach to putting in place reasonable adjustments after mid-December 2023 was ‘exemplary’ but in respect of the previous failings. The Respondent was ordered to pay the Claimant a total of £25,412 in respect of financial loss and injury to feelings. The claim relating to disability-related harassment did not succeed. The judgement in full can be found here.
Key Takeaways
This case offers important lessons for employers managing neurodiverse or disabled employees:
- Once a disability is disclosed, employers must consider and implement reasonable adjustments.
- A flexible, people-centred approach should be taken to ensure fair treatment.
- Rigid, policy-driven processes can amount to discrimination if they fail to accommodate an employee’s specific needs.
- Managers should be trained in neurodiversity and mental health awareness.
If you’re an employer wanting to build a more inclusive workplace, EML are here to support you. Get in touch on 01942 727200 or email enquiries@employeemanagement.co.uk to see how we can help.
We also have a range of CPD-certified online courses including ‘Introduction to Disability Awareness’ and ‘Managing Stress & Anxiety in the Workplace’, providing interactive, bite-sized management and professional training from as little as £25 per employee, per course. Contact us to find out more.