The recent Employment Tribunal decision in Halstead v JD Wetherspoon; a case run by Jo Martin of Bellevue Law, has been widely reported, including by Employee Benefits Employment tribunal cases highlight need for better neurodiversity workplace support and adjustments | Employee Benefits, Old Square Chambers: Employment Tribunal finds that Wetherspoons failed to make reasonable adjustments for autistic employee – Old Square Chambers, The Independent Wetherspoons worker investigated after using staff discount on family meal gets £25,000 payout | The Independent, The Telegraph Wetherspoons ‘persecuted’ kitchen porter for using staff discount and The Daily Mail Wetherspoons ordered to pay autistic pub worker £25,000 after ‘persecuting’ him for using his staff discount for a meal with his family | Daily Mail Online. The case shines a spotlight on the importance of understanding and supporting neurodivergent employees. Bellevue Law acted pro bono (without charge) for the claimant, Brandon Halstead, and instructed barrister Annie Davis of Old Square Chambers, who also acted pro bono.
By acting pro bono, Jo Martin and Annie Davis ensured that Brandon’s voice was heard, and his rights eventually upheld, after more than two years of fighting for fairness. Jo’s approach combined her legal expertise with empathy, recognising the unique challenges neurodivergent individuals face in stressful workplace situations, working closely with Brandon’s mother who supported her son and advocated for him wherever possible, ultimately ensuring that Brandon could remain in a job he loved, with new management. Jo’s work on this case with the team at Bellevue Law, including solicitor Anjali Malik, demonstrates how principled determination and supporting access to justice can make a tangible difference for vulnerable individuals, when employers fail to meet their obligations.
Brandon, a kitchen porter with autism, brought his claim after suffering stress and anxiety for many months during an excessive disciplinary process triggered by his inadvertent incorrect use of a staff discount, to the value of £19. The Tribunal found Wetherspoons had failed to make reasonable adjustments for Brandon’s disability by running an excessively formal and serious disciplinary process that Brandon wasn’t able to engage with, with the resulting worry causing him long-term sickness and personal harm. He was awarded £25,412 in compensation for lost pay, injury to feelings, and injury to health.
Why This Matters for Employers
- As Jo highlighted in her commentary for Employee Benefits, employers can easily find themselves on the wrong side of a tribunal if they fail to understand a neurodivergent employee’s needs. Autism, for example, presents differently in every individual, “if you meet one person with autism, you’ve met one person with autism.”
Practical Steps for Employers
Drawing on Jo’s experience and the lessons from this case:
- Seek Understanding Early
Once aware of neurodivergence, take time to understand the individual’s strengths, challenges, and preferred ways of working. - Offer Support During Sensitive Processes
Allow a trusted advocate or companion to attend disciplinary or grievance meetings. This can reduce stress and ensure fairness. - Provide Structure and Predictability
Communicate clearly about changes to routine, team, or workspace. Sudden shifts can be distressing for neurodivergent employees. - Adjust Communication and Processes
Present information in accessible formats and reduce unnecessary formality. Small changes can make a big difference.
These adjustments are not just legal obligations, they are good business practice, fostering inclusion and trust.
Our recent Podcast on Neurodiversity & Mental Health also provides useful advice The Bellevue Brief Podcasts – (Episode 3 Why Neurodiversity Matters in the Workplace) – Bellevue Law
If you are an employer seeking guidance on supporting neurodivergent employees, or an individual needing advice, please contact Bellevue Law. We are committed to promoting fairness and inclusion in the workplace.
