A job candidate with autism, hearing impairments, and partial sight was not interviewed for a waiting role after the Toby Carvery manager realised that she had disabilities.
In this article, we discuss exactly what happened and the candidate’s eligibility for bringing a discrimination claim. We also consider the workplace challenges for those on the autism spectrum and how employers can raise autism awareness and provide support.
What Happened with the Toby Carvery Manager?
25 year old Victoria Clark suffers from autism and visual and hearing impairments. Nevertheless, she has been working diligently with her job coach, Heidi, to find a suitable job. Victoria recently applied for a waiting job at Toby Carvery in Billingham, County Durham, and was invited for an interview.
Victoria attended the interview with Heidi for support. However, upon discovering that Victoria had disabilities, the Toby Carvery manager refused to proceed with the interview. Without enquiring about the nature of Victoria’s disabilities or how they might affect her ability to do the job, the Toby Carvery manager told Heidi simply that “if she has disabilities, this isn’t going to work.”
Read: Invisible Disabilities Not Prioritised at Work
The role in question would have involved clearing tables, serving customers, and addressing customer enquiries. Victoria’s disabilities would not have affected her ability to complete any of these tasks. Heidi has since complained about the Toby Carvery manager and the company has confirmed that it is “taking the matter very seriously.”
UK Law on Disability Discrimination: Toby Carvery Manager Discrimination Case
In this context, disability discrimination refers to a candidate being treated less favourably because of their disability. Such discrimination against disabled people, including disability discrimination in the workplace, breaches the Equality Act. However, sadly, UK Employment Tribunals still see considerable numbers of discrimination claims where this has taken place.
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Disability discrimination under the Equality Act is also applicable to job candidates. Moreover, Autism as well as sensory impairments are disabilities under the Equality Act 2010. By denying Victoria an interview, she was clearly being treated less favourably because of her disabilities. As such, it is likely that Victoria would be eligible to bring a discrimination claim against the Toby Carvery manager and the company
What Is Autism and How Might It Manifest in the Workplace?
Understanding Autism
Autism is a life-long, developmental condition which impacts the way in which people’s minds work. According to the National Autistic Society, there are currently around 700,000 adults and children on the autism spectrum in the UK. Given its prevalence, understanding autism, raising autism awareness, and learning to recognise potential signs of autism in adults is very important.
Autism affects people in different ways and, as such, those on the autism spectrum may experience varying combinations of symptoms. Some signs of autism in adults include difficulty with social communication and interaction, changes in routines, and sensory oversensitivity. Many autistic people also suffer from severe anxiety in certain situations and experience meltdowns and/or shutdowns when they become overwhelmed.
Given the diversity of signs of autism in adults and the complexity of their needs, these cannot be generalised. While autism constitutes an Equality Act 2010 disability, the National Autistic Society encourages it to be “seen as a difference, not a disadvantage.” Although some on the autism spectrum face significant challenges in daily life, many also find positive aspects of the condition.
Read: Why HR Needs to Prioritise Training on Neurodiversity
Managing Autism in the Workplace
Besides facing multiple challenges, many people with autism possess extremely valuable skills which are highly attractive to employers. These might include exceptional concentration, accuracy, and attention to detail, excellent time management and reliability, and outstanding technical ability. More often than not, those with autism are often at a disadvantage during the recruitment process due to others’ misconceptions and lack of autism awareness.
Whilst many autistic people work, the condition can cause a number of challenges in the workplace. What these are will naturally depend on the specific symptoms experienced and the job in question. However, small alterations can often go a long way towards creating an inclusive workplace for those on the autism spectrum and could lessen the risk of discrimination against disabled people.
Read: What Does Autism in the Workplace Look Like?
As many people with autism have difficulty with social interaction, collaborating with colleagues and communicating with customers may be challenging. There may be difficulties with maintaining eye contact, interpreting body language, and understanding abstract language or sarcasm. Some autistic people also need a little extra time to process information or may struggle to understand what conduct is appropriate in unfamiliar circumstances.
An oversensitivity to various sensory stimuli, such as light, sound, temperature, or texture, can make certain environments more challenging for many autistic people. Sensory overload is a common difficulty which can cause intense discomfort and even pain. Similarly, many autistic people prefer to follow set routines in their daily lives and any changes to these routines can cause great anxiety and difficulty in adjusting.
How Can Employers Help Employees with Autism?
Making reasonable adjustments to accommodate those with autism is a legal requirement and will also help to avoid any disability discrimination in the workplace.
- During recruitment, job descriptions should be clear and concise, and a set plan should be provided for the interview process. Some autistic candidates may struggle with face-to-face interviews, but small adjustments can help enormously. Examples might include providing questions in advance, asking more specific and less hypothetical questions, and allowing candidates to refer to notes. Alternatives to interviews, like work trials, should also be considered.
- Implementing a disability-friendly culture at work is essential. Candidates and employees should be encouraged to disclose any disabilities and discuss any issues they are having to enable solutions to be found. Understanding autism is crucial to enable employers and employees to be supportive. Providing relevant training will raise autism awareness and enable employees to ask questions and broaden their understanding.
- Establishing mentor-mentee programs for autistic employees may assist them in learning acceptable social skills in the workplace. The mentor will be able to provide guidance, support, and feedback which will help to build confidence and reduce work-related anxiety. It may also help to use alternative forms of communication (such as email or Teams chats) and provide advance notice of meetings.
- Establishing a quiet, safe space for autistic employees can help if they become overwhelmed. Employers might try situating autistic employees in a quieter area, maximising natural light, avoiding any strong smells, and enabling easy control of the temperature. Providing noise-cancelling headphones and/or sunglasses, or anything to help minimise the risk of sensory overload, is advisable.