Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

Reasonable adjustmentsEquality, diversity and inclusionDisabilityLatest NewsIndirect discrimination

Npower discriminated against autistic worker

by Ashleigh Webber 21 May 2019
by Ashleigh Webber 21 May 2019

A former Npower employee with autism has won a claim for indirect discrimination after the company failed to make adjustments to prevent him from feeling “overwhelmed” in its office environment.

An employment tribunal in Leeds found that there had been a “continuous management failure” to understand the employee’s disability and implement two sets of adjustments recommended by its occupational health team.

Autism

Neurodiversity and performance: what employers need to know

Neurodiversity: Creating a supportive working environment

Mr Sherbourne, a senior analyst, often felt distracted by noise and smells in the company’s open plan office. He sat near a busy walkway and there were building works going on around him.

Shortly after beginning his role in October 2017, Mr Sherbourne’s line manager Mrs Glancy spoke to him informally about what she considered loud and disruptive behaviour.

The employee claimed his manager treated him differently and said he had overheard her loudly telling colleagues to “give Tom some things to do so that he doesn’t look like a lost dog”. This led him to feel isolated and unsupported.

In November 2017 he began to feel distressed by changes to his working environment and the people sitting near him, which caused him to take frequent toilet breaks and sweat. He asked to work from home but this was refused.

The following February he had what he described as a “breakdown” at work. He took sick leave and went to his GP, who diagnosed him with an anxiety disorder. He also underwent counselling and was referred to a specialist to have an autism assessment.

He was assessed by N Power’s occupational health team in April, which suggested a number of adjustments to help him return to work. The doctor explained to Mr Sherbourne’s line manager that he would likely receive an autism diagnosis and explained that this would be considered a disability under the Equality Act 2010.

Despite being told about the likely autism diagnosis, the tribunal found Mrs Glancy did not make efforts to understand what autism meant until August. The suggested adjustments were also not put in place.

The company began a process to assess his capability to undertake the role in May. He was offered a lower-grade job, which was subsequently withdrawn. His employment was terminated in September, without either addressing the adjustments or completing the capability procedure.

In its judgment earlier this month, the employment tribunal found Npower had failed in its duty to make reasonable adjustments and put him at a substantial disadvantage in comparison to non-disabled colleagues. It made a finding of indirect discrimination on the grounds of disability.

The tribunal will consider whether to award compensation at a hearing in June.

A spokesperson for Npower said: “We are disappointed by the ruling that we didn’t sufficiently understand and then make reasonable adjustments in this case. Npower prides itself on the equal opportunities we provide and our diversity policies specifically include how employees with a disability are treated at work, including employees with autism.

Sign up to our weekly round-up of HR news and guidance

Receive the Personnel Today Direct e-newsletter every Wednesday

OptOut
This field is for validation purposes and should be left unchanged.

“We are still reviewing the basis of the judgment – if this review shows that further training is needed at a local level, we would implement this immediately.”

D&I opportunities currently on PT Jobs

More D&I jobs

Ashleigh Webber

Ashleigh is a former editor of OHW+ and former HR and wellbeing editor at Personnel Today. Ashleigh's areas of interest include employee health and wellbeing, equality and inclusion and skills development. She has hosted many webinars for Personnel Today, on topics including employee retention, financial wellbeing and menopause support.

previous post
MP seeks to rescue new mums’ redundancy protection plans
next post
Recruitment: how overconfidence can suppress social mobility

You may also like

Fewer workers would comply with a return-to-office mandate

21 May 2025

Redefining leadership: From competence to inclusion

21 May 2025

Consultation launched after Supreme Court ‘sex’ ruling

20 May 2025

EHRC bows to pressure and extends gender consultation

15 May 2025

Culture, ‘micro-incivilities’ and invisible talent

14 May 2025

Why fighting the DEI backlash is about PR...

9 May 2025

So what does the election of a new...

9 May 2025

Rethinking talent: Who was never considered in the...

7 May 2025

Reform UK councils’ staff face WFH ban

6 May 2025

Lincolnshire doctor awarded £250k in race discrimination case

2 May 2025

  • 2025 Employee Communications Report PROMOTED | HR and leadership...Read more
  • The Majority of Employees Have Their Eyes on Their Next Move PROMOTED | A staggering 65%...Read more
  • Prioritising performance management: Strategies for success (webinar) WEBINAR | In today’s fast-paced...Read more
  • Self-Leadership: The Key to Successful Organisations PROMOTED | Eletive is helping businesses...Read more
  • Retaining Female Talent: Four Ways to Reduce Workplace Drop Out PROMOTED | International Women’s Day...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2025

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2025 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+