What is reasonable?

If you watched the BAFTAs (or perhaps even if you didn’t), you will be aware of the latest Media storm surrounding John Davidson and the involuntary tic, causing offence at the event when a racial slur was heard on live television:

https://www.peoplemanagement.co.uk/article/1949720/when-tourettes-tics-cause-harm-work-hr-balance-inclusion-psychological-safety

From a distance, it is easy to analyse who was in the wrong here.

But when you are caught in the moment, and try to manage health conditions and protected characteristics at work, things can become tricky very quickly.

For example, say you have a team member who is affected by a type of autism that makes them respond in a blunt, abrupt manner.

At what point should you as the employer step in to protect other team members or customers (who may be affected by a protected characteristic themselves) from verbal back-lash, considering that the condition calls for reasonable adjustments under the Equality Act 2010?

What is reasonable?

Let the individual respond in whichever way they feel is appropriate?

Remove them from a customer facing role?

Enforce your rules regarding interpersonal interactions at work and tell them to work on their communication skills?

The answer is: It depends.

What are their capabilities in terms of interpersonal interaction? Are they affected by any medication? How is the environment they work in impacting them? What is going on outside of work that might exacerbate the issue? How significant is the impact their behaviour is having?

Occupational Health can give you pointers but ultimately it is down to you to decide.

How do I decide?

• Don’t ignore the problem. The longer issues fester, the more difficult it becomes to address them.

• Investigate thoroughly – don’t just go with your gut! Unconscious bias manifests in all of us. Be aware of your bias and analyse the situation from a clear and objective viewpoint.

• Communicate clearly with all parties involved. There is nothing wrong with saying ‘I don’t know – what do you think?’. In fact, an explorative, open approach may make the conversation a lot easier.

• Get advice from occupational health. Ultimately, a medical opinion will give your decision-making the best guidance.

• Talk to us! Chances are, we have dealt with a similar issue before. And we will be able to give you guidance based on recent caselaw and legal advice.