Lessons in Fair Dismissal, Neurodiversity, and Mental Health Considerations in the Workplace

The recent Employment Tribunal case of Claimant v V&A Enterprises Ltd serves as a critical reminder for employers on the importance of fair investigations, reasonable adjustments for neurodiverse employees, and the proportionality of disciplinary actions.

The Facts

The claimant was dismissed without notice on 14 April 2023 for alleged gross misconduct following claims of bullying a colleague, dating back to early 2022. However, the claimant had long suffered from depression and anxiety, conditions the employer knew about. She was later diagnosed with an autistic spectrum disorder but her employer claimed they were unaware of this at the time of dismissal.

Despite these medical factors, V&A Enterprises failed to properly consider how the claimants conditions may have affected her conduct. The Tribunal ruled that her dismissal was unfair and discriminatory, as the employer failed to apply a proportionate approach to dealing with the situation.

Key Takeaways for Employers

It is vital that employers investigate thoroughly and fairly any misconduct. The dismissal in this case was based on allegations of bullying without a full and fair investigation. Further, the employer failed to consider the claimants medical conditions and how they may have influenced her actions.

In order to conduct a comprehensive investigation and before making a disciplinary decision, it is vital that employers gather all the relevant facts through impartial inquiries, witness statements, and medical evaluations (if applicable).

It is also important that employers are able to recognise and make any necessary adjustments for neurodiversity & mental health. In this case, the employer knew the claimant suffered from anxiety and depression but they did not take this into account. Her autistic spectrum disorder was diagnosed later but warning signs should have prompted the employer to investigate further.

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Employers should also offer reasonable adjustments in any disciplinary processes, such as:

• Providing clear, structured communication;
• Allowing extra time for responses; and
• Involving occupational health or HR professionals in decision-making.

When making any disciplinary decision, it is crucial that the disciplinary action is proportionate. In this case, the Tribunal found that dismissal was not a proportionate response to the conduct.  Further, alternative disciplinary measures were not considered, despite the possibility of resolving the issue through mediation or simply providing a warning.

Practical Takeaways for Employers

Policy Review: Ensure disciplinary policies clearly outline how mental health and neurodiversity considerations should be factored into investigations.

Training for Managers: Equip line managers and HR teams with training on disability discrimination, mental health, and neurodiversity to ensure fair handling of cases.

Early Intervention: Encourage employees to disclose health conditions early and create a supportive environment where reasonable adjustments can be discussed proactively.

Consultation & Expert Involvement: Before making a disciplinary decision, seek expert input to ensure decisions are legally sound.

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This article aims to supply general information, but it is not intended to constitute advice. Every effort is made to ensure that the law referred to is correct at the date of publication and to avoid any statement which may mislead. However, no duty of care is assumed to any person and no liability is accepted for any omission or inaccuracy. Always seek advice specific to your own circumstances.  Fraser Dawbarns LLP is always happy to provide such advice.