Ian spoke to People Management about Mr N James v The Venture (Wrexham) Limited.
The Claimant was autistic, and raised issues including that music in the premises affected his concentration.
The Chief Officer responded to discussions in a joking manner, referring to accommodating the Claimant’s adjustments as being a “pain in the arse” and comparing the issue to somebody struggling after a "good booze up". This included saying "jokes aside, having always been something of a weirdo myself, I have some sympathy."
The tribunal accepted that the employer intended to put the claimant at ease with his comments but agreed that the impact was to trivialise the concerns. Despite the intention, it was objectively reasonable that the claimant found the comments to violate his dignity.
The issue here was that the comments were related to the claimant's Autism, which satisfied the definition of a disability.
This is a reminder to employers about handling disabilities sensitively. Even if employers feel they are being supportive, it is important to consider whether the employee will receive the comments in the way intended. In particular, employers should beware that humour varies by person, and neurodiverse employees may respond differently to other employees. Employers should choose their words carefully to make clear that they take employees' concerns or difficulties seriously and want to help.
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