Retail assistant removed from training over autism behaviour: discrimination but fair dismissal

What this case shows

This case highlights the fine line employers must walk when managing disabled employees whose behaviour may be linked to their condition. The claimant, a retail assistant with autism, had been open about her disability from the start of her employment. She had a tailored adjustments plan in place, including a buddy and earplugs. When concerns arose about her behaviour, the employer removed her from a team leader training programme without seeking specialist medical advice. The tribunal found this was discriminatory because the unfavourable treatment arose from her disability and was not proportionate.

However, the tribunal also found that her later dismissal for striking a manager during an autism meltdown was fair. The employer had conducted a proper investigation and disciplinary process, and the appeal considered 18 points raised by the claimant. The tribunal accepted that the assault was gross misconduct and that dismissal was within the range of reasonable responses.

What the employer could have done differently

The key failing was the decision to remove the claimant from the training programme without obtaining specialist advice. If John Lewis had consulted an occupational health professional or autism specialist, they might have been able to put in place additional support or adjustments that would have allowed her to continue. Instead, they relied on general concerns about her behaviour, which were directly linked to her disability. This cost them the discrimination finding.

Why this matters

For employees with hidden disabilities like autism, this case is a reminder that employers must take proactive steps to understand the condition and its effects before making decisions that could be seen as unfavourable treatment. For employers, it underscores the importance of obtaining expert medical advice when dealing with disability-related behaviour, even when the employee has been open about their condition. The case also shows that a fair dismissal for misconduct can still stand even if there is a disability link, provided the employer follows a proper process.