Autistic customer assistant unfairly dismissed for leaning on colleague

What this case shows in practice

A customer assistant with seven years' service at Marks and Spencer was dismissed for gross misconduct after leaning on a female colleague. The tribunal found that the incident was a manifestation of his autism, which affected his social awareness. The employer had received occupational health reports recommending adjustments such as regular meetings and a wellness plan, but these were never implemented. When the incident occurred, the employer did not seek updated medical advice or consider whether the behaviour was linked to the claimant's disability.

What the losing side could have done differently

Marks and Spencer could have avoided liability by acting on the earlier occupational health recommendations and obtaining a fresh report before the disciplinary hearing. A proper assessment of the claimant's autism would have shown that the leaning was not deliberate misconduct but a symptom of his condition. The employer also failed to consider reasonable adjustments, such as providing a quiet space or allowing breaks, which might have prevented the incident altogether.

Why the result matters for similar claims

This case reinforces that employers must take disability into account at every stage of a disciplinary process. Where an employee's conduct is linked to a disability, dismissal without exploring reasonable adjustments or obtaining current medical evidence is likely to be unfair and discriminatory. The decision also highlights the importance of implementing occupational health advice promptly, as failure to do so can undermine any subsequent disciplinary action.