Claimant v J D Wetherspoons Plc

The tribunal found the respondent failed to make reasonable adjustments for the claimant's autism from August 2023 until approximately mid-December 2023. This included: calling a formal investigation without notice or support, applying a zero-tolerance discount policy breach procedure without considering the claimant's disability, not allowing a representative/companion at investigatory meetings, progressing to a disciplinary hearing using a template letter with no adjustments, and repeatedly inviting the claimant to grievance/sickness meetings in a standardised way without offering reasonable adjustments. The respondent knew or should have known of the claimant's autism since 2019, but information was not passed to the new pub when the claimant transferred. These failures put the claimant at substantial disadvantage by causing intense distress and anxiety, and reasonable adjustments such as advance notice, involving his mother, one-to-one explanations, and informal resolution could and should have been made.

The tribunal found the respondent's conduct was unwanted and related to the claimant's disability (responding disproportionately to the discount policy breach, applying absence and grievance policies in a standardised way, failing to respond to the grievance in writing, refusing a compensatory gesture). However, the tribunal held that while the claimant genuinely perceived the conduct as intimidating, it was not reasonable for standardised performance management processes (investigations, disciplinary hearings) to meet the threshold of 'intimidating' as this would prevent employers from ever conducting performance management. The claim therefore failed on the 'effect' limb of harassment.