The claimant, who was diagnosed with autism in 2019, was employed as a project worker in July 2021, but took on a second role for which he requested sensory adjustments, such as reducing background noise and bright lighting. Although these requests were acknowledged, they were not consistently implemented, the tribunal heard.
Due to this, and several other matters, he raised a formal written grievance in December 2023. The grievance was not concluded, and in June 2024, the employee was suspended from his second role.
The tribunal, which took place in Cardiff in February 2025, also heard that the claimant experienced 13 acts of unwanted conduct related to disability; for example, the claimant was called a “weirdo”, and superiors questioned why he could not be “ordinary like the rest of us”.
Speaking to HR magazine, Chris Garner, managing director at employment law leader Avensure, said: “After a promising start whereby the employer agreed to put adjustments in place, they let their employee down by their inconsistent approach and instead reverted to exclusion as a means of resolution. The employee even gave the employer an opportunity to resolve the matter by raising a grievance, to which he was met with further detriment and exclusion.
“The lessons are clear, employers cannot pick and choose whether they adhere to their legal duties under the Equality Act… And they must lead by example by adopting a zero-tolerance approach to workplace bullying, especially when it comes from the top.”
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Pam Loch, chief executive officer and founder of employment law and HR consultancy firm Loch Associates Group, said that the judgement was a good reminder that everyday HR practices can prevent discrimination and create a genuinely inclusive workplace.
She told HR magazine: “Managers should be trained on the law on discrimination, and reasonable adjustments must be documented, communicated clearly to all relevant managers and regularly reviewed, to ensure they’re still fit for purpose. A centralised HR system – with information on adjustments managers can access – ensures consistency and accountability, especially when employees transfer to different departments.”
Grievances should be handled independently, adds Loch, and employers have a duty to ensure that no detriment should result from an employee raising a concern: “This should be clearly set out in policies in relation to grievance, equality and anti-harassment and whistleblowing policies.”
