A recent Employment Tribunal case has underlined the importance of making reasonable adjustments, particularly for neuro diverse employees. In Moore v Greene King Retail Services Limited, the Claimant, a Chef with dyslexia, was dismissed after struggling to read customer food orders. The Respondent failed to implement simple, low-cost adjustments that could have enabled the Claimant to carry out his role effectively. The Tribunal awarded the Claimant £24,000 in compensation.

Background

Mr Moore was employed by Greene King Retail Services Limited as a Kitchen Chef at the Rushbrooke Arms in Bury St Edmunds from 15 September 2023 until 23 November 2023.

Mr Moore attended an interview for the job with James Pope, the Kitchen Manager, on 11 September 2023. During the interview, Mr Moore mentioned his dyslexia and said that he could not read or write. Mr Pope told him that this would not be a problem and offered Mr Moore the job to start in 2 weeks.

On 1 October 2023, Lance Brown, the General Manager, had a discussion with Mr Moore regarding his progress at the end of his shift. Mr Moore was told that he had received positive feedback from the other chefs, but that “the only issue we have is your reading, because if you can’t read the orders on the screen in the kitchen you are going to struggle.” Mr Brown then asked Mr Moore whether he could think of anything that may help, and was told that if “we can’t come up with a reasonable adjustment then we will have to lay you off”.

Mr Moore responded to Mr Brown on the same day by suggesting the use of a Bluetooth earpiece that connects to the Respondent’s computer and conveys the information on the screen verbally.

Following this discussion, Mr Moore did not undertake any shifts at the Rushbrooke Arms and the Respondent took him off the rota as he had not completed his online training. Mr Moore subsequently raised a grievance on 3 October 2023.

The Respondent had referred Mr Moore to Occupational Health for a workplace assessment. The written report was prepared on 25 October 2023, which identified a wireless headset as a potential adjustment to accommodate Mr Moore’s difficulties. Two meetings took place in November 2023 to try and resolve these matters, however this was not successful.

Following these meetings, Cassie Hunt, Employee Relations Case Manager, left a message on Mr Moore’s phone explaining that the Respondent could not find a way forward and they would not be able to continue Mr Moore’s contract. Mr Moore’s contract was subsequently terminated in November 2023.

Tribunal decision

The Respondent conceded that it had failed to make reasonable adjustments.

The Tribunal stated that the Respondent’s failure to make reasonable adjustments resulted in Mr Moore’s employment terminating and that had those adjustments been made, Mr Moore would have remained in employment. The Tribunal also noted that it is highly likely that the adjustments would have enabled Mr Moore to retain his job given Mr Brown’s very positive assessment of his work capabilities.

The Tribunal also assessed the impact that the discrimination had on Mr Moore, noting that that “the way the Respondent treated him made the Claimant feel worthless, humiliated, suicidal and anxious, particularly as he knew he was going to be jobless once again”.

Mr Moore was awarded £13,735.89 for injury to feelings and £10,269.74 for past financial losses.

Lessons for employers

This is yet another neuro diverse case which serves as a reminder for employers of their ongoing responsibilities. It highlights the importance of proactively identifying and implementing reasonable adjustments, some of which may have not been previously considered.

The key lessons for employers are:

1. Engage in meaningful dialogue – Employers should consult with their employees, and where appropriate, undertake an Occupational Health assessment, to understand their needs and how best to support them.
2. Avoid a one size fits all approach – Neuro diversity encompasses a wide range of conditions and experiences. Employers should tailor support to the individual, rather than relying on generic policies.
3. Training and awareness – Employers should ensure that managers are trained to understand neuro diversity and how it may affect communication, behaviour and performance.

How we can help

For further information, or to discuss the issues raised within this case, please contact us to speak to a member of our Employment Team.