A recent Employment Tribunal case, Moore v Greene King Retail Services Limited, serves as a reminder of the need to make timely and practical reasonable adjustments for neuro diverse staff. Mr Moore, a chef with dyslexia, was dismissed early in his employment, after struggling to read the food orders, something he had mentioned at interview. He was performing well apart from the reading of orders and he suggested a simple and low-cost solution (a Bluetooth earpiece to read orders aloud). However the employer rejected the request and he was eventually dismissed. He was awarded £24,000 in compensation by the Employment Tribunal.
The Tribunal found that Greene King’s inaction was a direct cause of the breakdown of Mr Moore’s employment. There was clear evidence that simple and reasonable recommended adjustments would have supported him to perform well as his managers had otherwise praised his work. The Tribunal also highlighted the emotional and personal toll on Mr. Moore resulting from his employer’s approach.
The case raises some important lessons for Employers.
- Employers should ensure employees are involved in meaningful communication about their situation, their condition and potential reasonable adjustments. Often Occupational Health can provide useful supporting evidence and information and any reports should be gained and acted upon in a suitable timeframe.
- Individuals have different needs and adjustments should be tailored accordingly. A one size approach doe snot fit all.
- Managers and supervisors are critical in creating an inclusive working environment and training is important to ensure that communication is effective, individuals feel safe to discuss their needs and plans are put in place with the assistance of Occupational Health wherever appropriate.
It is important to note that reasonable adjustments are not only a legal obligation but also illustrate the organisation’s culture and values. Behaving well and providing support and empathy to neuro diverse staff not only avoids costly tribunal awards and publicity, it can enhance engagement, retention and performance.
If you want to find out more about our Diversity and Inclusion work please contact us.