Workplace Archives

Autism support: Workplace and school adjustments guide

Posted on 2 April 202517 April 2025 by Sarah O'Sullivan

Understanding the behaviours associated with Autism, as well as implementing reasonable adjustments, is essential for helping those with Autism thrive in the workplace and in education. By improving awareness and accessibility, we can help neurodivergent individuals thrive and reduce stigma around Autism in professional and academic settings.

What is autism?

Autism is a lifelong neurodivergence that affects how individuals experience and interact with the world. According to the National Autistic Society, “Autism influences how people experience and interact with the world. It is a lifelong neurodivergence and disability. Autistic people are different from each other, but for a diagnosis they must share differences from non-Autistic people in how they think, feel, and communicate.”
As a spectrum condition, Autism affects those differently. While Autistic individuals share certain characteristics some may have difficulty with social interactions, others may struggle with sensory sensitivities, such as sensitivity to noise, light, or touch.

Is autism a disability?

While Autistic people differ in terms of how they prefer to be described (some may prefer the term ‘neurodiverse’, for example), for legal purposes Autism is classed as a disability under the Equality Act 2010. This means that employers are required to make reasonable adjustments to support Autistic employees. Providing equal opportunities for Autistic individuals ensures that they are treated fairly in the workplace and beyond.

How does Autism affect work?

Autistic employees may experience challenges in workplace interactions and adapting to changes Sensory sensitivities like light and noise can make busy office environments overwhelming, while some may react strongly to being touched by others or smells in the office. This can lead to being stressed or overwhelmed when confronting a difficult or unfamiliar situation.

Can Autistic people work?

With the right support in place, people with Autism are able to enter the workplace and thrive.

Many Autistic individuals thrive in structured environments with clear expectations. Employers can build inclusive work environments by understanding and recognising the behaviors associated with Autism and consider what reasonable adjustments could be made to help.

Reasonable adjustments for Autistic employees?

Employers can introduce simple yet effective adjustments to support Autistic employees. In return, you could be rewarded with a diligent, highly effective worker who is an asset and really has something to contribute to your business.

Common reasonable adjustments may include:

Structured Induction Process – Carrying out a highly detailed induction process outlining exactly what they will be doing day-to-day and what their responsibilities will be.
Routine and Predictability – Offering a weekly schedule, detailing what they will be doing in the mornings and afternoons, what time lunch is, when they may leave, and any scheduled meetings. This will help them settle into a routine and reduce their anxiety.
Sensory Adjustments – Providing noise-canceling headphones, separate quiet workspaces, or adjustable lighting.
Training – Educating staff on neurodiversity including how to interact and support Autistic individuals in the workplace.
Flexible Working Arrangements – Allowing remote work or flexible hours to accommodate sensory sensitivities (for example, allowing your employee to start work later to avoid travelling during rush-hour, or permitting them to work from home on days they may be feeling particularly anxious).
Mentorship Programs – Assigning a mentor to provide guidance and support.

This list is by no means exhaustive, not all Autistic employees will require the same adjustments, as Autism presents differently in each individual.

How does Autism affect learning?

In education, Autistic students may face challenges with communication, social interactions, and sensory sensitivities.

Some may have delayed speech development and difficulty communicating with teachers and fellow pupils, while others may have advanced verbal skills but struggle with non-verbal communication.

Many also struggle to follow directions and understand what they are being asked to do, while some will find it difficult to understand their teachers’ and peers’ body language and facial expressions. They may also be very reluctant to try new things, or have fixed, narrow interests that make it difficult for them to branch out and enjoy new learning experiences.

School is also a highly social environment and Autistic children can become distressed and anxious when put in situations where they have to communicate with their classmates. They may struggle with group activities, particularly those involving imaginative or creative play. Pupils with sensory processing difficulties may struggle in a noisy classroom or playground environment, while others may dislike other children touching them. If they become overwhelmed, they may develop symptoms such as headaches, anxiety, panic attacks or aggression.

How can teachers support Autistic students?

Teachers play a crucial role in creating an inclusive learning environment. Good communication is key when supporting an Autistic pupil, and you may have to communicate differently with an Autistic child than you would a neurotypical child. Strategies include:

Clear Instructions – Instead of general instructions like “tidy the classroom,” provide specific tasks such as “put the pencils in their pots and come back when finished.”
Visual Aids – Using visual schedules, sign language, or other non-verbal cues to support communication.
Routine and Structure – Establishing a consistent daily routine to reduce anxiety.
Flexible School Policies – Allowing uniform modifications or noise-canceling headphones for sensory-sensitive students.
Quiet Spaces – Providing a designated area where students can retreat if overwhelmed.
Adjustments to Class Schedules – Allowing staggered start times or early class exits to avoid crowded hallways.

If a teacher requires upskilling to enable them to more effectively support a child with Autism, it could be extremely useful to find out about opportunities for training on how to support and communicate with Autistic children.

Sensitive and caring Employment and Education Law legal advisers

No two Autistic individuals are the same. Employers and educators should work closely with Autistic employees, students, and their families to tailor adjustments that best meet their needs.

If you are an employer, employee, student, or parent seeking guidance on neurodiversity accommodations, our Employment and Education Law specialists are here to provide expert advice. We are committed to ensuring fair treatment and accessibility in workplaces and schools for Autistic individuals as well as those with ADHD, Dyslexia, Dyspraxia and more.

By adopting an inclusive environment through awareness and adjustments, we can help push neurodivergent individuals to succeed in their careers and education.

Speak with one of our employment law or education solicitors today to discuss how we can support you.

Employers expected to take reasonable steps to prevent sexual harassment

Posted on 4 December 202421 March 2025 by Sarah O'Sullivan

Recent media coverage of allegations involving Gregg Wallace, underscore the challenges employers may face in managing third-party behaviour. While the specifics of the case remain unconfirmed and allegations are denied, the complaints shine a light on the importance of putting in place and enforcing robust preventative measures to mitigate such issues and risks. Employers should consider these situations when drafting and enforcing policies, particularly for roles or events involving significant interaction with external parties or clients.

The new duty

The Equality and Human Rights Commission (ECHR) have published guidance on the ‘reasonable steps’ employers should take to prevent sexual harassment at work.

As of 26 October 2024, employers must now take reasonable steps to prevent sexual harassment occurring at work. The Worker Protection Act 2023 changes section 40 of the Equality Act 2010 to include the new preventative duty.

As well as this, where a case of sexual harassment is proven, the tribunal will penalise the employer if they are also found to be in breach of the new duty, by increasing the employee’s compensation by up to 25%.

What are reasonable steps?

For employers, there is no exhaustive list of steps which need to be taken and what will be considered reasonable will be decided by a tribunal on a case-by-case basis. Therefore, recent guidance released by the ECHR gives employers the best possible idea of the steps which should be considered.

“Reasonable steps” or “all reasonable steps”

The Worker Protection Act was originally drafted to require that employers take “all reasonable steps” to prevent sexual harassment, but this was later diluted to a lower threshold of taking “reasonable steps”.

However, the Employment Right Bill is set to reinstate the higher threshold of taking all reasonable steps. If an employer has missed just one step to prevent sexual harassment which would be considered reasonable for them to have taken, the employer may face enforcement action from the ECHR or claims by the employee. The exact nature of how this will be enforced is not yet clear and we can expect more guidance in due course. For now, the importance of considering these issues and being ready with policies, procedures, training and guidance is key to mitigate the risks of claims and promote a safe and legally compliant workplace.

Employers should diligently follow the guidance below with careful consideration that the expected standard to prevent sexual harassment is going to be raised once again. Some of these changes are set to be introduced no earlier than 2026, however thorough preparations now will ensure a more efficient and cost-effective review of preventative measures next year.

Anti-harassment policies

Whilst an employer may already have in place some form of anti-harassment policy, it is now essential this addresses the prevention of sexual harassment specifically. Some key policy provisions suggested by the Equality and Human Rights Commission (ECHR) include:

Set out the preventative steps the employer is taking.

Site disciplinary action for those committing sexual harassment.
Allegations should be considered on a case-by-case basis, considering aggravating factors such as the seniority of the perpetrator.
Provide a definition of sexual harassment and include examples to promote clarity.
Include a procedure for how complaints will be handled to reassure victims and deter perpetrators, particularly with regards to third-party harassment.
The effectiveness of the policy should be reviewed at regular intervals.

Communication with workers

The guidance recommends promoting open communication amongst employees, to ensure employers have a good understanding of their work environment and that employees have a good understanding of the sexual harassment policy. This may be done via one-to-one’s, surveys or workshops for example. These will indicate the effectiveness of the preventative steps being taken and assist in identifying if changes need be made.

Risk assessments

A thorough risk assessment that is routinely reviewed and considered will demonstrate that an employer is being proactive in identifying potential circumstances whereby sexual harassment may take place. Putting in place appropriate preventative measures will demonstrate that they have acted on their assessments and used the results to guide decisions on what steps need reviewing or adding.

The guidance considers environmental factors which should be considered when conducting risk assessments, including settings with power imbalances, lack of diversity, lone or night working, customer-facing work and external or social events.

Reporting systems

Ensuring that a reporting system allows for anonymous complaints to be raised will encourage complainants to come forward and deter perpetrators. Employers should keep thorough records of complaints raised and ensure these are kept confidential. An effective reporting system will assist employers in identifying any patterns which should in turn be considered during risk assessment reviews.

Training

Proactive and high-quality training for all members of staff should educate employees on how to identify sexual harassment, what to do if they experience or witness it and how to manage any complaints raised. Specialised training may be exceptionally important in work environments where third parties are frequently in contact with employees. To improve the impact of training, they should offer refresher training at regular intervals.

Addressing a sexual harassment complaint

The guidance recommends some key action points:

Immediately take steps to acknowledge and make plans to resolve a complaint. However, this does not mean making rushed decisions as to whether harassment took place, which should be subject to proper investigation.
Consider how the complainant wants the issue resolved.
Maintain confidentiality.
Protect the complainant and witnesses from being victimised during investigation.
Where applicable, ask the complainant if they want to report the allegation to the police.
Be cautious when using confidential agreements, also known as NDAs.
Maintain effective communication with the complainant.
Inform the complainant of any appeals process.

Sexual harassment by third parties

The ECHR specifically highlights that the prevention of third-party sexual harassment should be taken as seriously as internal harassment cases. Whilst these situations are much more difficult to control, the guidance recommends having reporting mechanisms and continually assessing high-risk work environments where employees may be left alone with third parties.

Evaluate and evolve

Employers should regularly evaluate the effectiveness of the steps they have in place to prevent sexual harassment. Ad hoc reviews should be made where changes arise in the work environment, work force or work type for example.

Employers are expected to have an accurate understanding of the level of sexual harassment in their workplace. Regularly collecting data will assist employers in gaining this understanding. In particular, the ECHR recommends reviewing informal and formal complaints data to identify trends and appropriate action. Anonymous surveys can be used to identify barriers to reporting sexual harassment and collaboration with worker networks or trade unions can help keep employers informed.

After having addressed a sexual harassment complaint, employers should ensure they set aside time to reflect on where their actions could have been improved. Where changes are identified, changes should always be implemented.

The ongoing situation with high-profile cases such as the one involving Gregg Wallace may serve as a reminder that no organisation is immune from scrutiny, and the legal expectations surrounding sexual harassment are shifting towards a more preventative approach.

Useful resources

Lessons for UK employers from Amazon’s return-to-office mandate

Posted on 16 October 202421 March 2025 by Sarah O'Sullivan

Navigating the new norm

Amazon’s bold decision to compel all employees back to the office five days a week starting next year has stirred considerable debate. While the move signals a return to pre-pandemic norms, it also represents a broader philosophical and operational shift for companies worldwide. For UK businesses, this development prompts contemplation on balancing operational efficiency, legal obligations, and employee well-being.

The conundrum of contractual clarity

At the heart of Amazon’s mandate lies a fundamental question: How do employers transition away from the flexibility granted during the pandemic? Looking at the employment contracts are important in this context. Many employees were granted flexible working arrangements either informally or via alterations to their contracts during this time. Additionally, it isn’t just about what was written, but also about the implicit understandings that may have developed during a time of global crisis. Employers must tread cautiously, ensuring any shift respects both legal and moral bindings. It invites a nuanced approach—one that balances legal compliance with the expectations of a workforce that has tasted flexibility and may feel aggrieved or even discriminated against if they are asked to do something that has not been the norm for a period.

The necessity of dialogue: Listening as an operational strategy

Open communication with employees is something to be encouraged—a critical yet sometimes overlooked cornerstone of organisational change. Consulting employees about such substantial shifts isn’t just a legal formality; it’s an opportunity to forge a deeper connection.

Meaningful dialogue can unearth insights, prompt innovation, and even identify potential pitfalls early. It shifts the narrative from mere compliance to collaboration, transforming the potential friction of policy changes into a symbiotic evolution.

Health and safety redefined

Amazon’s move triggers fresh assessments of the workplace environment. The pandemic has indelibly altered the benchmarks for what constitutes a ‘safe’ workplace. Health and Safety, now more than ever, must encompass mental as well as physical well-being. This necessitates not just risk assessments but also a rededicated focus on mental health resources and a culture that fosters psychological safety. As employers, the challenge lies in evolving health and safety policies from checklists to cultural cornerstones.

The flexible working paradigm

Amazon’s announcement also brings into sharp focus the delicate dance around flexible working requests. The law permits employees from the first day in their roles the statutory right to request flexible working, yet this needs thoughtful navigation.

The discourse should lean towards the art of the possible—how can flexible working be shaped to benefit both the employee and the organisation? This isn’t just about managing refusals; it’s about genuine engagement and innovative problem-solving to harmonise operational needs with employee aspirations. The fact is that a return to a static, office-bound work model introduces significant practical challenges, from commuting logistics to work-life balance disruptions.

Employers might consider hybrid models or phased returns. Rather than this being perceived as a sign of indecision, an alternative view would be to judge this as a compromise of flexibility and a strategic virtue. By giving employees time to adjust, employers can ease potential frictions and cultivate a more resilient workforce for a sustainable future.

Regulatory reflection

Finally, any return to office mandates must align with evolving regulatory landscapes. The dynamic nature of Government guidelines necessitates ongoing vigilance and adaptability. In the event of future public health crises, businesses should be prepared to rapidly adapt its working policies to align with legal requirements and public health recommendations.

Knowledge is power. Employers need to stay abreast of changes, adapting policies proactively rather than reactively. This proactive stance isn’t just about avoiding legal pitfalls but about embodying a forward-thinking, employee-centric ethos.

Beyond the mandate

Amazon’s decision serves as a significant impetus for reflection. It challenges UK employers to look beyond mere mandates and towards a broader re-imagining of work. How can organisations blend operational exigencies with the evolved expectations and needs of their workforce? From contractual modifications and health and safety obligations to handling flexible working requests, businesses will need to navigate a range of legal and practical considerations. Successfully managing this transition requires careful planning, robust consultation, and a commitment to employee welfare.

By advocating for a thoughtful, compassionate, and strategic approach, employers can transform potential unrest into a unifying journey towards a reinvigorated workplace. The goal is not to return to the old normal but to craft a new one—a workplace that respects the lessons of the pandemic, embraces flexibility as strength, and champions a culture where both business and employees thrive in tandem.