**Autistic Worker Receives Over £17,000 After Tribunal Rules Workplace Comments Violated His Dignity**
A man who is autistic has secured more than £17,000 in compensation following an employment tribunal’s finding that inappropriate comments made by a senior colleague amounted to disability discrimination and injury to feelings. The case brings renewed focus to the responsibilities of employers to create an inclusive atmosphere, particularly for neurodivergent employees.
Nicholas James, an employee at The Venture, a registered charity in Wrexham that offers community services for children and young people, raised concerns in 2023 about his working environment. Specifically, Mr James found it difficult to concentrate due to music being played in the premises – an issue he reported, explaining how the sensory environment affected his ability to fulfil his duties.
Instead of receiving adjustments or meaningful engagement, Mr James was met with comments that tribunal judge Stephen Jenkins later described as violating his dignity. In November that year, Malcolm King, chief officer of The Venture, reportedly made a remark: “Why can’t you be ordinary and perfect like the rest of us? But no, jokes aside, having always been something of a weirdo myself, I have some sympathy.” Such statements, ostensibly framed as jokes, were seen as inappropriate and ultimately formed part of Mr James’ successful claim.
The Cardiff employment tribunal heard that Mr James felt consistently disregarded by the organisation because of his condition. The situation escalated when Mr James was suspended, leading him to take legal action. During the proceedings, it was also revealed that, in February 2024, Mr King questioned Mr James’s capacity to work during “open access sessions”, likening his concerns to an employee affected by a “good booze up”. Judge Jenkins noted that this comparison trivialised the impact of mental health and autism in the workplace, stating that analogies of this nature do little to address the real challenges faced by neurodivergent employees.
Concluding the case, the judge found that the language used and attitude displayed represented unwanted conduct, confirming the effect it had on Mr James’ dignity at work. The tribunal partially upheld his claims of disability discrimination, alongside a failure to make reasonable workplace adjustments that might have alleviated his difficulties.
As a result, The Venture was ordered to pay Mr James £17,154.86 in total, including £15,000 specifically earmarked for injury to feelings. This substantial compensation reflects the seriousness with which the tribunal regarded the breach by the charity and sends a message about the importance of creating supportive workplaces for employees with disabilities.
The implications of this decision are significant, particularly for organisations within the charity and care sectors that work directly with vulnerable groups and employ individuals with diverse needs. Workplace culture and leadership behaviour have come under the spotlight, as the highest-ranking officer was found culpable for setting an unacceptable tone.
While Mr King accepted, on reflection, that his comments were ill-judged, the outcome highlights the necessity for greater awareness and practical action around inclusivity, especially for neurodivergent staff. With the case now closed, it is likely to prompt charities and other employers to consider their responsibilities around reasonable adjustments and staff training in diversity and disability awareness.
Ultimately, this tribunal result not only provides compensation for Mr James but is also likely to resonate more widely, reinforcing the need for sensitivity, understanding, and compliance with equality legislation in workplaces across the United Kingdom.