In Mr A M v Royal Berkshire NHS Foundation Trust an autistic NHS doctor has won a disability discrimination claim after his boss told him he needed to meet colleagues face to face.
Consultant surgeon AM was advised by medical director Dr LB to make other members of his team cups of tea and to avoid “winding them up” minutes after he told her about his autism diagnosis.
An employment tribunal heard she was trying to “comfort”, “encourage” and “coach” him to have better relationships with his health service colleagues.
But a judge concluded that the doctor’s remarks sought to “minimise” the severity of his condition and disregard the lifelong nature of the struggles Mr AM faced.
Employment Judge Anstis ruled that he had been subject to direct disability discrimination by the Trust in respect of the comments made by Dr LB in the meeting where he disclosed his diagnosis.
In the judgment, Anstis said: “Her attempt at comforting the claimant by saying many doctors were ‘on the spectrum’ was seen by the claimant as demonstrating a lack of understanding of his condition.
“We accept that Dr LB’s comments could reasonably be taken that way and were taken that way by the claimant… To seek to minimise the nature of the claimant’s condition in this way was well-meant but was also less favourable treatment.
“As for her suggestions concerning making cups of tea or meeting face-to-face, there may be a place in some conversations for discussing coping strategies, but the claimant is correct to say that Dr LB’s comments come across as if his disability can be overcome with simple steps, some of which (such as the face-to-face meetings) may have been very difficult for the claimant to undertake.
“There seems in these comments to be no acknowledgement that the claimant’s behaviour stems from a life-long disability. It cannot be a matter of simple behavioural changes.”
The Claimant was awarded £3,000 for injury to feelings and £1,320 in interest.
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