Autism at work - Wetherspoon fails to make reasonable adjustments

Pub chain J D Wetherspoon has been ordered to pay more than £25,000 in compensation after an employment tribunal concluded that it failed to make appropriate adjustments for an employee with autism during a disciplinary process.

Background

In Brandon Halstead v J D Wetherspoons Plc, the claimant, an autistic employee working as a kitchen associate at the company’s Trowbridge branch, visited one of the chain’s pubs with family members. During the visit, he used his staff discount to pay for a meal for seven people. However, the company’s policy restricted the use of the 20% discount to groups of four or less. The claimant was unaware of this limitation and, as a result, unintentionally breached the policy.

Following the incident, he was called into an investigation meeting (without prior warning). When the claimant asked for clarification about the purpose of the meeting, this was not provided, and questioning proceeded regardless. At the end of the meeting, the claimant disclosed his autism and explained that he would require his mother to attend any future formal meetings.

The employer later issued a formal invitation to a disciplinary hearing on grounds of gross misconduct. The communication did not consider the claimant’s condition. It failed to propose any reasonable adjustments or acknowledge his request for support from his mother.

Receiving this letter significantly worsened the claimant’s anxiety. His mother responded immediately, explaining the serious impact on his wellbeing and confirming that he had been signed off work due to stress, supported by medical evidence.

Tribunal Findings

The tribunal determined that the employer either knew, or should reasonably have known, about the claimant’s disability. Despite this, several key failings were identified:

• The staff discount policy had not been clearly explained to the claimant
• No support person was offered or permitted at the initial investigation meeting
• There was insufficient workplace understanding and training regarding autism
• Adjustments were not made at any stage of the disciplinary process

The tribunal found that the employer's actions caused the claimant “significant stress and anxiety…where he was unable to leave his bedroom.” It concluded that appropriate adjustments could have reduced or removed the disadvantage he experienced. Consequently, the claim for failure to make reasonable adjustments succeeded.

What Could the Employer Have Done Differently?

The Equality Act 2010 requires employers to make reasonable adjustments for individuals who are legally classified as disabled, which can include individuals with Autism.

Practical steps that could have been taken include:

• Clear and structured communication
  Providing written explanations of policies and procedures in straightforward, unambiguous language.
• Support during formal meetings
  Allowing a trusted individual, such as a family member, to attend meetings where requested.
• Workplace adjustments
  Creating a calmer, low-stress environment and adapting processes to reduce anxiety triggers.
• Training and awareness
  Ensuring managers and colleagues are equipped with appropriate knowledge to support neurodiverse employees effectively.

Key Takeaway

This case highlights the importance of recognising and responding appropriately to autism in the workplace. Employers must take proactive steps to understand individual needs and implement adjustments early to avoid legal risk and ensure fair treatment.

Need Employment Law Advice?

Whether you’re an employer looking to understand your legal obligations around reasonable adjustments, or an employee with autism or a disability who feels unsupported at work, getting advice early can make a significant difference.

Our experienced team offers clear, practical guidance on workplace issues relating to autism and disability. We help employers stay compliant with the law and support employees in securing fair treatment and appropriate adjustments.

Please do not hesitate to contact our Employment Law Team or make an enquiry here.