Autism, or Autism Spectrum Disorder, is a neurological condition which is categorised from a wide range of symptoms commonly around communication, repetitive behaviours and sensory processing.
Autism is a spectrum, with each autistic person experiencing different characteristics.
An autistic person will qualify as disabled under the Equality Act 2010 if their diagnosis has a substantial and long-term adverse effect on their ability to carry out day-to-day activities.
This focuses on the impact of a person’s condition rather than a formal medical diagnosis.
The Equality Act 2010 defines ‘substantial’ to be ‘more than minor or trivial’, which means most people with autism will likely qualify as disabled unless their autism is mild and does not impact their day-to-day activities.
If an autistic person is classed as disabled within the meaning of the Equality Act 2010, it is unlawful for an employer to discriminate against them.
This includes treating someone less favourably because of their disability; having policies or practices in place which indirectly discriminate against an autistic person and cannot be objectively justified; treating someone less favourably because of something arising out of their disability (without objective justification); subjecting them to harassment; failing to comply with the duty to make reasonable adjustments and victimising them for raising concerns about disability discrimination.
