Neurodiverse teacher awarded £850,000

In the case of Wright v Cardinal Newman Catholic School, an autistic teacher was awarded £850,000 in compensation for unfair dismissal, victimisation and discrimination arising from disability.

The claimant, had been employed since 2005 and was head of mathematics. The school had knowledge of his autism and anxiety since 2017.  He was dismissed after raising a number of complaints about the way he was being treated and after the claimant only accepted a demoted position “under protest”.

In relation to the question of whether he was discriminated for something arising from his disability the Tribunal confirmed “The question for this tribunal is whether that persistence, or, as pleaded by the claimant, “pursuing his complaints tenaciously”, and the manner in which he went about this, was the reason for the claimant’s treatment and whether they arose in consequence of his autism and/or other disabilities”.

The tribunal concluded that the complaints that the claimant had made (that eventually led to his dismissal) arose from his autism and subsequently upheld claims of unfair dismissal, victimisation and discrimination arising from disability.

The majority of the very large award consisted of compensation for loss of earnings, pension loss and injury to feelings.

Comment

When dealing with serial grievance raisers caution is needed and an understanding sought as to why the complaints are being made and could they relate to neurodiversity that would quality as a disability under the Equality Act.

This case is also a reminder that blanket labelling of dismissals as SOSR/breakdown in working relationship will be thoroughly scrutinised by the tribunal.

To find out more about managing neurodiversity in the workplace, contact our Employment Team.