Autistic Subway worker awarded £15,000 for discriminatory dismissal Employee was sacked following reaction to disciplinary process, tribunal rules

 In Premier Risk News

An employee in a Subway sandwich store has been awarded £15,484 after a tribunal judge ruled he was dismissed as a direct consequence of being autistic.

Andrew Everitt’s employer, Regal Consultancy Ltd, which supplies staff to Subway stores in Suffolk, failed to put special measures in place when it began a disciplinary process against him, the tribunal ruled. As a consequence, he was treated less favourably because of his disability.

The case dates back to October 2015, when Everitt had been working at the chain’s Parkway branch for a year. He had been diagnosed with high-functioning autism in 2013 and said he had informed his line manager of his condition. A hygiene inspector visited the branch and the store failed its evaluation, with the workplace found to be a “mess” containing out-of- date food that had not been thrown away.

Everitt was summoned to a disciplinary hearing a few days later, which he attended alone. He was dismissed by letter as a result of his behaviour at the meeting, and his inability to explain the hygiene inspection, which was described as “wholly inadequate”. A colleague in the store was given a written warning.

Everitt appealed the decision and was offered his job back, but refused as he felt “bullied” by the disciplinary process. The tribunal found he had suffered disability discrimination as a result of his treatment, and his employer’s failure to make reasonable adjustments to the disciplinary interview by allowing a family member to attend with him.

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