Failing to make reasonable adjustments for a neurodiverse employee results in award at tribunal of £12,000
A tribunal has awarded a neurodivergent worker £12,000 after finding her employer failed to make reasonable adjustments and that she experienced disability-related harassment.
The employee, who is dyslexic and has rejection sensitive dysphoria, asked for a quiet breakout space at a workplace summer party as an adjustment to help her manage the event. She said her manager dismissed the request and made a comment that left her feeling she was being told to “mask” and behave in a more “neurotypical” way.
The employment judge found that, even if the manager did not intend to offend, the remark was understandably triggering for the employee because of her neurodivergence and rejection sensitive dysphoria.
In a team meeting, the employee raised her request for a quiet space at the summer party. She said the manager stopped the discussion, suggesting it was not related to work. After the meeting, the employee reported that the manager made a comment along the lines of telling her to stay “in her work box,” which she experienced as a disability-related put-down.
The tribunal accepted that the manager said something similar, although it found the employee interpreted it as linked to her neurodiversity. Even so, it ruled the remark amounted to harassment related to disability, despite the manager not meaning to violate her dignity. The tribunal upheld the harassment complaint linked to the “work box” remark.
The tribunal also heard the employer did not have a neurodiversity policy, and the employee had offered to help create one.
Should you require a neurodiversity policy or support to review a current policy, contact 121 HR Solutions at enquiries@121hrsolutions.co.uk.
0800 9995 121 
enquiries@121hrsolutions.co.uk
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