One employment lawyer has said that Gregg Wallace should be taken more seriously, despite the criticism over his use of his autism to justify his sexualised behavior. Adam McCulloch explores three legal perspectives in the case
This week, many newspapers encouraged the ridicule and mockery of Gregg Wallace after his dismissal from MasterChef. Wallace revealed that he had autism, which he said played a part in his sexualized, inappropriate behavior, some of it described as harassment.
Samantha Dickinson of Mayo Wynne Baxter’s equality and diversity practice has stated that employers are legally required to provide some support to neurodivergent workers, even if they behave in a “socially awkward” manner.
Wallace has been sacked following an investigation that revealed other examples of bad behaviour dating back over 10 years.
Eleven women have accused him of inappropriate sexual behavior, such as groping or touching. One woman said he pulled his pants down in the dressing room right in front of her.
Charities and groups that work with disabled people criticized the presenter for appearing to link allegations of misconduct to his mental state.
Wallace, in a recent statement, said that he was recently diagnosed with autism. However, he claimed that the TV bosses failed to “investigate [his] disability” or protect him from “what I now realize was a potentially dangerous environment”.
He wrote: “My neurodiversity was suspected by my colleagues and discussed in countless MasterChef seasons.
BBC News was told by one charity that autism “is not a pass for bad behavior”, but other groups have warned that these remarks could stigmatize the autistic population.
Disability is not always neat
Dickinson stated that those who dismissed Wallace’s explanation of his actions as “nonsense” were “missing an important point”.
She stated: “Employers are legally required to support and understand neurodivergent workers, even when their disability manifests itself in a complex or uncomfortable way.
Autistic traits such as sensory sensitivity, differences with communication and social boundaries challenges are real.
Dickinson said that despite this, “autism should not be used to excuse poor behavior, nor should anyone be shielded from accountability.”
She said that if Wallace was indeed neurodivergent and the BBC had suspected it, but did nothing about it, then they might need to take a look at their own role in failing to protect the people Wallace has harassed.
Recent rulings by the Employment Appeal Tribunal, for instance, determined that a applicant’s diagnosis with ADHD and Autism was enough to constitute disability, and he won a discrimination suit.
“Disability doesn’t always look neat, or is easy to navigate.” Employers can’t choose what types of disabilities they are comfortable with accommodating. The response should not be silence or dismissal if someone’s neurodivergence is contributing to behavior that crosses the line. It’s important to provide structured support and make reasonable adjustments.”
Dickinson continued: “Autism does not excuse harm but it demands understanding.” This is not an indulgence. “It’s the law.”
Presumption Of Guilt
Marcus Johnstone, of PCD Solicitors – a firm that specializes in sexual offense defence representation – warned against judging Wallace prematurely. “No charges have been filed yet,” he said. A police investigation has not been launched. As it stands, the matter is civil, a question of employment and not illegality.
“Wallace is being treated as though he were facing a criminal prosecution without any means of defense. He has been vilified by colleagues, campaigners and the Prime Minister himself. The BBC has devoted hours to this coverage at every stage, which I believe is heavily biased towards presuming guilt.
What is interesting is the contrast between this and the nuance and reasonableness shown by the BBC in the Huw Edwards scandal. This is a much more serious and criminal situation.”
He warned against overreacting when it comes to harassment claims, citing the “hounding of Cliff Richard” over unsubstantiated sexual assault allegations dating back to 1985, for which he wasn’t even arrested or charged as an example of unjustified persecutors. Richard’s treatment in 2014 was a reaction to the public outcry following the revelation of Jimmy Savile’s long history sexual assault. This, according to Johnstone, should cause us all pause.
Johnstone warned that the case was still under investigation and that it would be prudent to exercise caution. Mr Wallace may be a misogynistic dinosaur, but he deserves a fair trial and an opportunity to clear his record.
Johnstone stated that autism was a factor when it came to criminal cases. “I have worked with a number of neurodiverse individuals who believe that their struggle with autism, OCD, and other challenges has led them to behave in a manner that is inappropriate for most.” This can be considered a defense in criminal cases.
Blind eye of the media sector
Thomas Beale was also concerned by the willingness of the media to ignore sexual harassment. “The allegations against Wallace are indicative” of a bigger issue in the media industry, he said. The media industry has been too protective of the powerful, so it’s important to continue to empower the victims to speak up and make changes.
“I hope that recent legislative changes including the creation of the Creative Industries Independent Standards Authority will facilitate the establishment and maintenance of safe and respectable work environments within the industry”.
The BBC has recently announced that it will “act immediately” based on its workplace cultures review. This includes transparent and rapid processes for reporting misconduct, even if it occurs at production companies who work for the broadcaster.
The cycle of ignoring sexual misconduct, then reacting to it in a way that is overly harsh may be endemic to the media industry. The Wallace case may be the opportunity for leaders, through the new sexual misconduct rules that are embedded in the Employment Rights Bill to implement the proper strategies and procedures to restore fairness, effectiveness and perspective around this issue.
It will be more difficult to crack the code of autism and better reporting in newspapers.
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