“Weirdo” comment results in £17k Employment Tribunal award

June 20, 2025

“Weirdo” comment results in £17k Employment Tribunal award

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By Heledd Ainsworth

An autistic employee whose boss called him a “weirdo” has been awarded compensation of more than £17,000, following a claim made at the Employment Tribunal.

After the verdict in the case N James v The Venture (Wrexham) Limited, our expert, Heledd, considers the steps an employer should take when dealing with neurodivergent individuals who may be considered to have a disability under employment law.

What happened?

Diagnosed with autism in 2019, the Claimant, Mr James, began employment with The Venture in July 2021. He subsequently asked for adjustments to be made to help him with sensory overload, which arose out of his autism. These included the reduction of background noise and dimming of bright lighting. Although the requested adjustments were acknowledged by the employer, the Claimant felt they were not implemented consistently.

In December 2023, citing these issues alongside other workplace concerns, the Claimant lodged a formal written grievance. This grievance was unresolved, and in June 2024, he was suspended from his role due to alleged performance issues.

When the case was heard in Cardiff in February 2025, the Tribunal was also informed of 13 separate instances of unwanted behaviour linked to the Claimant’s disability. Examples included being labelled a “weirdo” and his boss questioning why the Claimant couldn’t behave “like the rest of us”.

When the claim was brought, the employer accepted that the Claimant was disabled (within the meaning of the protection given to disabled employees under the Equality Act 2010) due to his autism and anxiety. This meant that, by law, it had a duty not to discriminate against him by virtue of his disability.

What did the employee claim?

The Claimant claimed that his employer’s treatment of him was discriminatory in the following ways:

• That the employer had failed to make reasonable adjustments for his disability by not adjusting bright lights in his working environment to take account of his sensory overload;
• That this boss’s comments about him being a “weirdo” and the way he behaved amounted to harassment in relation to his disability, because they created a humiliating or hostile environment for him; and
• That removing him from his role was discrimination arising out of his disability because the employer’s alleged concerns about his performance were things that related to his disability, and which would not have arisen if the employer had made the reasonable adjustments he needed to work the best of his ability.

What was the Employment Tribunal’s decision?

The Employment Tribunal found in favour of the Claimant. Several of his claims of discrimination arising from a disability, failure to make reasonable adjustments, harassment, and victimisation were successful. The Tribunal awarded him total compensation of £17,154.86.

Lessons for employers

This case shows how important it is that employers get the treatment of their neurodivergent employees (and those with other protected characteristics) right. Employers which don’t take steps to make reasonable adjustments for disabled employees, or which make unacceptable comments to their employees which relate to a protected characteristic, are at risk of facing costly and reputationally damaging Employment Tribunal claims.

Although all employees will have different needs depending on their situation and how their neurodivergence affects them, the following steps can often be useful adjustments for employers to offer employees who are neurodivergent (e.g. who suffer from ADHD, autism, dyslexia or dyspraxia):

• Sensory considerations, e.g. offering noise-cancelling headphones or adjusting lighting;
• Providing clear timetables and written instructions for tasks required;
• Giving regular and sensitive feedback;
• Allowing them to take shorter but more frequent breaks instead of a single lunch break;
• Learning the communication methods that work best for the employee;
• Ensuring that the employee’s colleagues and managers are given training on how best to communicate with them; and
• If in doubt, seeking legal advice or HR support, and advice from Occupational Health, about what they should do to comply with their duties.

See our recent article on neurodiversity for more tips.

If you are an employer who needs advice on how best to deal with your obligations to your employees, or an employee who has suffered from workplace discrimination, please get in touch with Heledd Ainsworth on 029 2082 9131 or hainsworth@darwingray.com to find out how we can help you.