Tribunal rules that calling a colleague “weirdo” can be discrimination

The decision was based on a case brought forward by Nicholas James, an autistic worker at a Wrexham children’s center, against The Venture, which is a community-based organization.

Mr James was employed at The Venture as a project manager on the inclusion project. This project supported children with neurodevelopmental disorders, including autism. He was responsible for playing with children, and at times supporting public events. Radio music was played during these “open-access sessions”. Mr James informed the tribunal that background noise interfered with his ability to concentrate and asked for adjustments to limit its use during his working hours.

Music was played at public events, even though it wasn’t playing while Mr. James worked. Mr James felt that his disability was not adequately accommodated. The tribunal heard that he felt “continually ignored because of his conditions”, “accused to wanting to spoil children’s fun” and was “not able do his job”.

Malcolm King, the manager of Mr James and the highest-ranking executive in the organization, made several remarks regarding Mr James’s health and his requests for accommodation.

According to the evidence, Mr King began a meeting complimenting Mr James on his abilities as a playworker but then added: “Even if it’s a hassle in the arse”, and made a joke: “Why can’t we be normal and perfect like you?” No, aside from the jokes, as someone who has always been a bit of a weirdo, I do have some sympathy.

Mr King compared the impact of autism in Mr James’s life to a hangover from “a good night out”.

Stephen Jenkins, a judge in the Employment Court, ruled that Mr James was violated by these comments . The tribunal, he said, had considered the remarks objectively and determined that they did in fact violate dignity at work. During the proceedings, Mr King admitted that his remarks were inappropriate.

Disability discrimination is compensated by a tribunal

Later, Mr James was removed from his open access sessions. He was then suspended from his larger role because of concerns over his performance and a alleged failure in reporting an incident. He filed a complaint for disability-based discrimination and harassment.

In Cardiff, the tribunal found Mr James in favour of disability discrimination and harassing. The Cardiff tribunal awarded Mr James PS17,154.86 as compensation, which included PS15,000 in damages for emotional injury. The other claims that he made against his employer were denied.

The tribunal found that the inappropriate remarks made by the senior management, especially in light of Mr James’s autism diagnosis were not only unprofessional, but also violated the Equality Act 2010, by creating an environment that did not uphold his dignity or accommodate his needs.

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