Marks & Spencer was recently found to have unfairly dismissed an employee with autism named Jack Clarke.
Clarke worked at various stores in Oxfordshire between July 2015 and July 2022 as part of a program aimed at providing job opportunities for individuals with disabilities.
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The incident occurred in June 2022 when a coworker accused Clarke of behaving inappropriately by leaning against her back and side, which made her feel uncomfortable and frightened. The tribunal ruled that Clarke’s dismissal was unfair.
Clarke was taken into custody but subsequently released and the case was settled through a community resolution order.
Clarke revealed that seeking solace from others was a regular coping mechanism of his during times of distress, owing to his autism, and a habit he shares with his parents.
He explained that he was upset at the time because the adjustments that were agreed upon with management to manage stress had not been implemented.
During the tribunal hearing, it was revealed that Clarke’s request for breaks and a consistent schedule to manage his overwhelming workload were not being met, even after a change in management in December 2021. As a result, he was terminated for gross misconduct.
However, the tribunal found that his dismissal was unfair and discriminatory based on his disability. While some of his claims regarding indirect discrimination and a failure to make reasonable adjustments were upheld, others were not.
A representative from M&S has expressed their commitment to creating a workplace that is inclusive for all. They have a strict policy of zero tolerance towards any form of inappropriate behaviour.
If any such conduct occurs, they take necessary action to ensure that the workplace remains safe and welcoming for all their colleagues.
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When an employee’s misconduct is attributed to their disability, employers should consider this to avoid accusations of discrimination and unfair dismissal.
It is important to seek medical input to determine to what extent the disability may have influenced the employee’s actions as neither the employer nor employee are qualified to make such assessments.
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