JD Wetherspoon recently found itself on the wrong side of an employment tribunal ruling after it failed to make reasonable adjustments for an autistic employee during a disciplinary process. The decision is a timely reminder that it’s no longer enough to have a consistent approach to procedures, but we must also ensure those procedures are fair and flexible.
The tribunal awarded more than £25,000 in compensation, on a dispute about the misuse of the staff discount. What began as a seemingly straightforward conduct issue, quickly evolved into a finding of disability discrimination because the company didn’t account for how autism affected the employee’s understanding and participation in the process.
For organisational leaders, this case highlights a simple truth: when policies don’t adapt to the individual, the risk increases both legally and reputationally. The message is clear: reasonable adjustments are not a ‘nice-to-have’ or a courtesy for those with a disability; they’re a legal necessity.
Understanding what went wrong.
The case involved the team member who was out with his mum and five members of his family. With his mum’s help, he used his staff app to apply his employee discount to the table of seven. JD Wetherspoon operate a firm policy limiting the discount to 4 people. The incident was subsequently treated as a disciplinary matter.
However, the tribunal found that the investigation and hearing were carried out without proper consideration of the employees’ communication needs no adjustments were made to support the employees’ understanding of the policy or the disciplinary procedure.
Because the company didn’t take into account how autism might affect comprehension or intent, the tribunal concluded that JD Wetherspoon had failed in its duty under the Equality Act 2010 to make reasonable adjustments.
In essence, a lack of flexibility turned a minor issue into a major liability. The reasonable adjustment in this case was such as simple step – not expensive, not time consuming, it would have taken a simple conversation.
The employee told the tribunal: “They were right to investigate, but it felt like there was a way of doing it. All it had to take was someone to sit down and explain things in a way I understand.”
The broader lesson for employers
The duty to make reasonable adjustments isn’t new, but this ruling demonstrated how tribunals interpret that duty in practice and what they expect to see from employers in real terms.
It is no longer enough to just remove physical barriers; businesses must also recognise cognitive and communication differences. Neurodiversity covers a wide range of conditions, including autism, ADHD and dyslexia. For those individuals, a policy or process that seems straightforward to most employees can present very real challenges.
In other words, fairness isn’t achieved through identical treatment; it’s achieved by ensuring that every employee has a fair opportunity to understand, engage and respond.
With an estimated 15 to 20% of the UK workforce identifying as neurodivergent, this is not a niche concern. It’s a strategic leadership issue. One that affects culture, retention, performance and reputation.
Practical actions
Over the years, we’ve seen many well-intended organisations fall into the same trap; policies are written for consistency, but they lack flexibility. The key is to build responsiveness into your process from the start.
Here are some practical steps you can take right now:
- Identify the duty early.
The legal duty arises when an employer knows or could reasonably be expected to know that an employee has a disability. That means early identification. Encourage managers to flag potential needs early and involve HR before moving into a formal process.
- Build flexibility into policies.
Your disciplinary grievance policies should include room for discretion. Managers should be empowered to vary the process where a disability might affect how an employee engages, that could mean allowing written responses instead of verbal ones, providing questions in advance, extending timescales, or simply choosing a quieter meeting space.
- Seek expert guidance.
Before taking formal action involving a disabled employee, seek expert advice, such as from occupational health. It’s a small step that demonstrates fair consideration and can protect the business in the long term.
- Communicate clearly and check understanding.
The Wetherspoon case underlines how easily misunderstandings occur when communication styles don’t align. Avoid dense policy language and HR jargon. Present information in simple terms and confirm that it is understood. A quick written summary or follow-up note can make all the difference.
- Record every decision.
If you decide that an adjustment isn’t practical, document your reasoning. Tribunals tend to take a more lenient view when employers can show they’ve thought through the options carefully and acted in good faith.
- Invest in manager capability.
Managers are the organisation’s first line of defence against employee relations risk. Train them to recognise neurodiversity and handle sensitive issues appropriately.
Why flexibility makes business sense.
This isn’t just about compliance. Organisations that embed flexibility into their culture see tangible benefits, higher engagement, better retention and strong employer brands. Employees who feel supported are more productive, more loyal and less likely to raise grievances.
In contrast rigid appearance to policy can damage trust and morale, and as we’ve seen, can end up in a tribunal.
Leaders should therefore treat reasonable adjustments as part of business resilience. The cost of a flexible approach is small compared to the financial and reputational damage that can follow an avoidable discrimination claim.
Our advice
The Wetherspoon ruling is a cautionary tale for all of us. It challenges organisations to look beyond the process and focus on people.
Ask yourself…
- Do our managers understand when and how to make adjustments?
- Are our policies adaptable enough to accommodate different needs?
- Are we confident that our workplace genuinely supports inclusion, not just compliance?
- If the answer to any of those is ‘not yet’, now is the best time to act.
Moving forward
Creating an inclusive environment is not just the right thing to do; it’s the smart thing to do. By reviewing policies, training managers and promoting open communication, businesses can significantly reduce the risk of discrimination claims while improving the employee experience.
Redway HR work with leadership teams to build inclusive, compliant practices that stand up to scrutiny and strengthen workplace culture. Whether it’s a policy review, a training session, an equality audit or support with a sensitive employee relations issue, Redway HR can help you stay ahead of the curve – get in touch today.
By Victoria Shelley