Adjustments and Interviews

An autistic man has been awarded ￡20,000 after the NHS failed to make adjustments at the interview stage - what can we learn from his case?

?It is estimated that only 3 in 10 autistic people are in employment. The reason many autistic people are not in work isn’t because they don't have the skills or don't want to work, but because some workplaces don't offer adjustments to barriers that exist in their recruitment procedures.

In February 2024 the Buckland Review into autism and employment was released and the barriers at recruitment were highlighted. From my experience of working with the autistic community, inaccessible interviews were a recurring barrier for many of the individuals I supported. There can often be a real reluctance from employers to offer adjustments at interview. The two main problems I saw were employers worrying it "wasn't fair on everyone else" to not being aware of what adjustments may be suitable.

?One autistic man, Chris Tyerman, will receive ￡20,000 in compensation following a refusal to make reasonable adjustments that he requested before a job interview with the government agency responsible for digital technology. The Disability News Service reports that Tyerman applied in August 2021 for posts in cyber security with NHS Digital, but after being shortlisted for the job, was told they were unable to make the adjustments that he needed for the interview.

?These requests were perfectly reasonable. As Tyerman struggles with communications, he asked to see questions in advance and for the interviewers to avoid open-ended questions. This would give him the best chance to respond articulately and avoid misinterpreting the questions. However, NHS Digital, who described itself as a “Disability Confident” employer at the time, rejected the requests and said that all applicants had to be treated the same. When Tyerman later applied again he was offered a telephone interview, but was rejected as his responses to the open-ended questions “were not strong/in-depth enough”, an outcome he predicted and could have avoided.

?After a 16-month legal battle NHS England offered a ￡20,000 payment as compensation for “injury to feelings” without admitting liability, and Tyerman now says he feels vindicated. Tyerman’s story is one of only a few with a positive outcome, but it’s far from the only instance of something similar happening. Employers often refuse to offer reasonable adjustments, sometimes making the workplace a hostile place to be before a contract is even signed.

?What can other employers learn from this case to avoid experiencing a damaging, embarrassing legal battle if they fail to offer what someone needs?

?1. Ask people what they need

It’s really that simple. Make it clear in the job listing that you are willing to offer adjustments to the interview process for any reason. When someone applies ask them what adjustments they might need–or, even better, have some suggestions that you can offer as standard.

?2. Say yes

NHS England did one big thing very wrong here–even when given very clear directions and requests by Tyerman, they said no. The idea that it would be “unfair” or even an advantage to give an autistic person adjustments is outdated. Do better–say yes, follow through, and see how much someone can thrive.

3. Work with an outside agency

Adjustments should be offered throughout the employee life cycle, from the application process through the job interview and reviewed consistently throughout an employees time in a role. If your organisation doesn't feel confident to hire, manage,train and develop neurodivergent employees, that’s OK. Everyone starts somewhere. But you may need to work with someone like Adjust - Neurodiversity Understood who can train people within your company to support neurodivergent people. We offer training sessions covering the employee life cycle starting with lunch and learn sessions to more in depth courses for HR.

#neurodiversity #NeurodiversityAtWork #Autism

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