With World Autism Awareness Day on 2nd April, it’s the perfect time for employers to think about how supporting autistic employees can help your business stay legally compliant and create a more inclusive workplace. Getting it wrong doesn’t just mean losing a valuable team member- it could also lead to a costly legal claim.
A recent case shows just how serious this can be. Mr. M. Wright, a former Head of Mathematics at Cardinal Newman Catholic School, was dismissed after raising multiple workplace grievances. As an autistic employee, he faced significant challenges that were not properly addressed by his employer. The tribunal ruled that his dismissal amounted to unfair dismissal, victimisation, and disability discrimination, resulting in an award of £850,000.
This case serves as a powerful reminder that employers must take their obligations under the Equality Act 2010 seriously
Let’s talk about what employers need to know to stay on the right side of the law and create an inclusive workplace where everyone can thrive.
Autism and the Law: What Employers Must Understand
Autism is recognised as a disability under the Equality Act 2010 if it has a long-term, substantial impact on an individual’s ability to carry out daily activities. This means employers have a legal duty to make reasonable adjustments to support autistic employees.
If an employer fails to do this—or worse, penalises an employee for raising concerns—they could face claims of disability discrimination, failure to make reasonable adjustments, or victimisation.
Key Takeaways for Employers
1. Raising Concerns Is a Protected Act
If an autistic employee speaks up about workplace discrimination, they are legally protected from retaliation. Brushing off concerns or taking negative action against them could land you in hot water.
What to do: Make sure you have a fair and transparent grievance process in place. Document all complaints properly, and if in doubt, seek HR or legal advice before taking action.
2. Make Reasonable Adjustments
Employers are legally required to make reasonable adjustments to help autistic employees succeed at work. These could include:
- Providing clear instructions and structured routines.
- Offering quiet spaces or noise-cancelling headphones to reduce sensory overload.
- Agreeing flexible working hours or remote work.
- Assigning a workplace mentor for support.
What to do: Have open conversations with employees about what adjustments they need. Be flexible and document everything to show you’re meeting your legal obligations.
3. Think Twice Before Dismissal
Dismissing an autistic employee—especially after they’ve raised a discrimination concern—can lead to a legal claim. If there’s no clear, fair reason for dismissal, the tribunal may see it as victimisation.
What to do: Review all disciplinary or dismissal actions carefully. Keep detailed records to justify any decisions and seek HR advice if needed.
4. Create a Culture of Open Communication
A workplace where employees feel unheard or dismissed is one where problems escalate fast. When concerns are ignored, they often turn into formal grievances or legal claims.
What to do: Encourage open conversations about neurodiversity. Train managers to listen, be supportive, and handle sensitive discussions with care.
5. Train Your Managers
A lack of awareness about autism and legal responsibilities can cause unnecessary problems. Good training helps managers support neurodivergent employees properly and avoid legal pitfalls.
What to do: Invest in training on autism awareness, reasonable adjustments, and discrimination law. Equip your managers with the tools they need to create an inclusive and legally compliant workplace.
Why This Matters
Beyond staying legally compliant, supporting employees with autism brings huge benefits. It boosts morale, improves retention, and helps build a more inclusive and productive workplace. The bottom line? When employees feel supported, they thrive—and so does your business.
Let’s Protect Your Business Together
Handling workplace neurodiversity doesn’t have to be difficult. We’re here to help you stay compliant, protect your business, and create a supportive, inclusive workplace.
Need advice? Get in touch today—we’re ready to help.
