“Only three in 10 autistic people are in work, the lowest of any disability”. This statement from the National Autistic Society is shocking to me both as a mum to an autistic young man and as an employment lawyer.
It is now 15 years since my son’s diagnosis and 16 years since the Equality Act 2010 (“the Act”) came into force. Thankfully, we have seen awareness, understanding and acceptance of autism across society improve significantly across those timeframes. In the workplace, knowledge about an employer’s duty under the Act to make reasonable adjustments for disabled employees is becoming more widespread. However, many employees still experience difficulties when support is not properly understood or implemented. This is not confined to junior roles. Many of the individuals affected are senior professionals, including those in leadership positions, where expectations around communication, visibility and performance can be particularly high. In these situations, issues can quickly escalate, often in ways that place the employee at a disadvantage and prevent them from performing to the best of their ability.
In many of the cases I have advised on, workplace challenges linked to an employee’s autism are reframed as performance and/or conduct issues. These employees may find themselves criticised for their communication style or because they manage workloads differently or because they struggle in meetings. Sometimes, this leads to formal action by the employer, including warnings or performance improvement plans.
The difficulty is that these processes are sometimes initiated without first addressing whether reasonable adjustments are required. When this happens, an employer may be acting unlawfully.
When does this become disability discrimination?
Under the Act, autism can amount to a disability under section 6, meaning employers are subject to specific legal obligations. According to the National Autistic Society, it is estimated that more than one in 100 people are autistic meaning that many employers are likely to have autistic employees. Importantly, these duties apply regardless of the size of the workforce or whether an employer has several autistic employees or just one. Employers must also ensure that any reasonable adjustments are tailored to the individual.
Disability discrimination can arise in a number of ways, including:
Failure to make reasonable adjustments
Failure to make reasonable adjustments is one of the most common forms of disability discrimination and, as I have said, it is something which more people are becoming familiar with. An example of the failure to make reasonable adjustments would be not taking practical steps to reduce sensory overload, such as permitting noise-reducing headphones or providing access to quieter working environments.
Where reasonable adjustments are not considered at an early stage, situations can escalate quickly. Employees may feel overwhelmed, be signed off with stress, or find that relationships with superiors deteriorate. Formal processes can then follow, often making it more difficult to resolve matters constructively. At this stage, the legal position becomes more significant. A failure to comply with the duty to make reasonable adjustments, or other forms of disability discrimination, can form the basis of a legal claim.
In the case of Nicholas James -v- The Venture (Wrexham) Ltd [2025] which was heard just last year, the Claimant, Mr James won several of his claims against his employer including failure to make reasonable adjustments. He was employed as a Project Worker in an inclusion play project for children with neurodevelopmental conditions. Mr James struggled with background noise such that he would not be able to function properly with the radio playing continuously. He also struggled with bright lights indoors. His employer knew about Mr James’ disability but failed to allow for a period of time with no music playing and by providing a lamp or some form of dimmed lighting. Mr James was consequently awarded £17,154 in compensation, including £15,000 for injury to feelings, after the tribunal upheld claims including failure to make reasonable adjustments, discrimination arising from disability, harassment related to disability and victimisation.
Compensation and settlement
One important feature of disability discrimination claims is that compensation can be uncapped. This means that, depending on the circumstances, an employee may be entitled to:
- Financial losses, such as loss of earnings
• Injury to feelings, reflecting the impact of the treatment experienced
• In some cases, aggravated damages, where the employer’s conduct has been particularly serious
In view of the fact that compensation is not subject to a statutory cap, employers will often take a pragmatic approach once legal risk is identified, given the potential financial exposure. In practice, most claims settle before reaching an Employment Tribunal. This can allow for a more controlled and constructive outcome, including:
- a financial settlement
• an agreed reference
• a managed exit on terms that protect future career prospects
Options: staying or moving on
Where issues arise, there are typically two possible routes to resolve them:
- Remaining in role, with appropriate adjustments put in place although it may be necessary to raise a grievance to get these in place if the employer is failing to do so; or
- Negotiating an exit, where the relationship has broken down or trust cannot be restored
The right approach will depend on the individual circumstances. However, where disability discrimination is a factor, particularly where the disability is a neurodiverse condition, this will also influence how discussions take place.
Practical steps
If you feel that you are being unfairly managed at work and/or discriminated against on the basis of your disability, raise concerns early, keep a record of key communications and decisions, and seek professional advice.
For further information and practical guidance, the National Autistic Society provides a range of resources for employees navigating challenges at work.
For now, I continue to hope that my son will be able to work or volunteer when he finishes college. He will need the right support to do this. There was much media coverage last year about Tom Boyd, an autistic man who had been stacking shelves at Waitrose for a number of years on a voluntary basis. In the accompanying photograph Tom has a huge smile, as he stands in front of the shelves. When Tom’s parents asked Waitrose if he could be offered just a few paid hours, Waitrose’ head office decided Tom’s placement had to end. Amidst the media coverage, Asda offered Tom paid work and highlighted their supported internship programme through which they have welcomed a number of young people with autism or learning disability. I know how much my son would love to do a job like Tom. I can imagine the huge smile on his face when he has a purpose and sense of achievement. I will just keep my fingers crossed that he allows customers to remove items they wish to purchase from “his “shelves!
Please feel free to contact Liz Spooner, the author of this blog, who has built up a specialism advising autistic and other neurodiverse employees. As the mother of an autistic son, Liz is able to approach each case with empathy as well as expertise