What can we learn from the recent Npower autism employment tribunal?

For those who haven’t read about the Npower case in the news, here’s a quick summary. When Tom Sherbourne joined the company as a senior analyst in October 2017, he soon began struggling to cope with the noises and smells of the open plan workplace, while his line manager found his behaviour ‘loud and disruptive’. Stressed and anxious, he asked to work from home but had his request turned down. A breakdown followed, and his GP referred him for an autism assessment.

Npower suggested a number of workplace adjustments, and offered him a role at a lower grade. That offer was then withdrawn and in September Mr Sherbourne was dismissed. No adjustments had been implemented, and his capability assessment was incomplete. The tribunal found in his favour, ruling that Npower had failed to make reasonable adjustments and had indirectly discriminated against their employee.

It’s a story of misconceptions, a lack of understanding of autism and poor decisions – and it’s one with no positive outcome. An individual has lost their job and the employer faces the cost – and hassle – of recruiting a replacement, not to mention an avalanche of negative publicity just at a time when organisations are waking up to benefits of embracing Neurodiversity.

So what could have been done differently?

5 key learning points:

1.    Organisations can provide neurodiversity training for all managers to help them understand neurodiversity and the implications for the workplace. Greater awareness and understanding could have led to a better understanding of the difficulties Mr Sherbourne was having, earlier screening and identification could have led to a timely implementation of effective adjustments.

2.    Organisations need to recognise the signs of Neurodiversity, both strengths and challenges, and take action if a professional refers an employee for a diagnosis of autism. If Npower had acted on the GP’s advice that the assessment was likely to result in a diagnosis of autism for Mr Sherbourne, this would have kept them on the right side of the law as set out in the Equality Act 2010. In addition, any adjustments they made -– like creating quiet work-spaces, or providing clear, specific briefs for every task – would have benefited neurotypical employees too.

3.    Organisations should implement reasonable adjustments to an agreed timescale, including dates for assessment and review. Making a few, most likely simple, changes could have saved Npower the trouble and cost of losing an employee who may well have had the perfect skill set for an analyst role.

4.    To achieve Neuro-inclusion, HR professionals need to be neurodiversity confident. The HR representatives at Npower needed to provide Mr Sherbourne’s line manager with information and support – and then follow up to make sure his manager was following the correct process.

 5.    Finally, organisations should grab the opportunity position themselves at the forefront of the move to embrace Neurodiversity and enjoy the competitive advantage neuro-inclusion can bring.

  Contact Adjust to see how we can help your organisation achieve Neuro-Inclusion