An Employment Tribunal has found that calling a colleague a “weirdo” may constitute discrimination, particularly when the term is directed at an individual with a disability.
The ruling arose from a case brought by Nicholas James, a children’s centre worker who is autistic, against his employer, The Venture, a community-based organisation in Wrexham.
Mr James had worked at The Venture since 2021, employed as a project worker on its inclusion project, which supported children with neurodevelopmental conditions including autism. His duties included play work with children and, at times, supporting events open to the public. During these “open access sessions” music was played on the radio. Mr James told the tribunal that background music affected his ability to focus and requested adjustments to limit it during his working hours.
Although music was not played while he worked directly, it continued during public events. Mr James said he felt his condition was not properly accommodated. The tribunal heard he was left feeling “continually disregarded because of his condition”, “accused of wanting to spoil children’s fun” and “not able to do his job”.
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Manager’s comments ‘breached dignity’ of autistic employee
Malcolm King, Mr James’s manager and the most senior figure in the organisation’s executive structure, made a series of remarks about Mr James’s condition and accommodation requests.
According to evidence presented, Mr King reportedly began a meeting by complimenting Mr James’s abilities as a play worker but followed with the remark: “Even though it’s a pain in the arse” and joked: “Why can’t you be ordinary and perfect like the rest of us? But no, jokes aside, having always been something of a weirdo myself, I have some sympathy.”
Mr King also likened the impact of autism on Mr James’s work to having a hangover after “a good booze-up”.
Employment Judge Stephen Jenkins ruled that these remarks constituted unwanted conduct that violated Mr James’s dignity. He said the tribunal considered the comments objectively and concluded that the words did have the effect of breaching dignity in the workplace. Mr King acknowledged during proceedings that the remarks were inappropriate.
Tribunal awards compensation for disability discrimination
Mr James was later removed from his duties at the open access sessions. He was subsequently suspended from his wider role due to concerns about his performance and an alleged failure to report an incident. He then filed a claim for discrimination and harassment on the grounds of disability.
The tribunal in Cardiff found in Mr James’s favour in relation to disability discrimination and harassment. The judges awarded him £17,154.86 in compensation, including £15,000 for injury to feelings. Other claims he brought against the employer were not upheld.
The tribunal concluded that the inappropriate comments made by the senior manager, particularly in light of Mr James’s autism diagnosis, were not only unprofessional but breached the Equality Act 2010 by creating a working environment that failed to uphold his dignity and accommodate his needs.
