When Inclusion Is More Than a Policy
When I read about Tom Boyd, a young autistic man who volunteered for years at Waitrose, I felt a mix of frustration and hope.
After clocking up more than 600 hours of unpaid volunteering, Tom’s family asked if he could be considered for paid work (a completely reasonable request in my view!)
Instead of celebrating his commitment, Waitrose ended his volunteering altogether, simply because of the request!
Luckily Asda stepped in, offering Tom a paid job with flexibility and support that recognised his contribution and needs.
👉 Read The Guardian’s coverage here
The difference in approach between these two employers is striking – and it highlights a powerful truth:
Employment decisions aren’t just legal decisions. They’re cultural, reputational and commercial too.
Legal Risk: Beyond Compliance
Under the Equality Act 2010, employers have a duty to make reasonable adjustments for disabled workers, which in most cases will include those who are neurodivergent.
In Tom’s case, simply ending his volunteering rather than exploring how to transition him into a paid role could raise questions about disability discrimination or failure to make reasonable adjustments (albeit he is a volunteer so not automatically covered as a volunteer from disability discrimination but he could potentially argue worker status for this protection)
Regardless of his employment status – doing the legal minimum isn’t the goal.
Legal compliance is the floor, not the ceiling.
True inclusion means proactively creating opportunities, not just avoiding risk.
Reputational Risk: The World Is Watching
The biggest risk ehre was the general punlics view. The backlash against Waitrose was swift and fierce – and not just from disability advocates.
Customers, employees, and the general public all called out the decision online.
In today’s world, people don’t just buy what you sell – they buy who you are.
A single short-sighted decision can undo years of brand building and diversity marketing.
You can’t advertise inclusion if your internal decisions don’t live up to it.
Cultural Risk: What It Says to Your People
Inside any organisation, moments like this speak volumes.
They tell employees how safe it is to disclose a condition, to ask for flexibility, or to request support.
When someone like Tom is excluded, it doesn’t just affect one person – it sends a message across the workforce:
“Difference isn’t truly valued here.”
I damages the psychological safety of your team. Every decision you make matters.
Culture isn’t built through slogans; it’s built through choices.
Commercial Risk: Inclusion Is Good Business
The commercial case for inclusion is stronger than ever.
When people feel valued, they stay longer, contribute more, and drive innovation.
Inclusion isn’t just the right thing to do — it’s a commercial imperative.
Companies with diverse teams are 35% more likely to outperform competitors.
Inclusive teams are 6× more innovative and 3× more likely to be high-performing.
And decisions made by diverse teams deliver 60% better results.
Inclusion drives better culture, smarter decisions, and stronger results. That’s what Asda got right – and what every organisation should be aiming for.
It’s a strategic advantage.
Asda didn’t just make a compassionate decision – they made a smart business decision.
The Real Lesson: Stop Making Decisions in Silos
This story perfectly illustrates why HR, Legal, and Culture teams need to work together, not in silos.
Too often, organisations separate legal risk management from people experience and culture. The result? Decisions that protect the company on paper but damage it in practice.
The best organisations bring all three lenses together:
Legal – Are we compliant and fair?
HR – Is this sustainable and consistent?
Culture – Does this reflect who we say we are?
When those conversations happen together, inclusion stops being a buzzword – it becomes part of your business strategy.
💡 Final Thought
Asda’s approach shows what happens when inclusion is lived, not just listed in a policy.
Waitrose’s decision shows what happens when it isn’t.
How you treat people defines your culture.
And your culture defines your success.
🧩 If your organisation wants to build a culture that’s inclusive, compliant and commercially aligned, our team at Thrive Law can help you bring HR, Legal and Culture together in one joined-up strategy.
📩 Get in touch with us at enquiries@thrivelaw.co.uk
