Bus driver with Asperger's forced out after disability harassment: constructive dismissal and victimisation
A bus driver with Asperger's Syndrome was constructively dismissed after repeated abusive comments on a WhatsApp group and threats to sack him if he pursued an insurance claim. The tribunal awarded £25,000 for injury to feelings.
1 min read · Last updated 18 May 2026
Case details
- #aspergers-syndrome
- #disability-harassment
- #constructive-dismissal
- #victimisation
- #unauthorised-deductions
- #vento-award
- #costs-award
Key facts
- The claimant was diagnosed with Asperger's Syndrome and was a disabled person at all material times.
- The claimant was subjected to repeated abusive comments about his disability on a WhatsApp group by colleagues and managers.
- The transport manager threatened to dismiss the claimant if he pursued an insurance claim for damage to his car.
- The claimant resigned on 2 December 2020 after being told to write a false confession about vehicle damage.
- The respondent failed to pay £576 in wages and could not prove the claimant was negligent.
- The respondent victimised the claimant by reporting him to the DVLA and contacting his new employer.
Timeline
-
Employment started
The claimant commenced employment as a bus driver with the respondent, disclosing his Asperger's Syndrome.
-
First abusive WhatsApp message
James Fairchild referred to the claimant as 'special needs' on the staff WhatsApp group.
-
Car damaged at work
The claimant's car was damaged by another employee; he was pressured not to pursue an insurance claim.
-
Threatened with dismissal and resignation
Mr La Pilusa threatened to sack the claimant if he did not cancel his insurance claim; the claimant resigned after being forced to write a false confession.
-
New employment lost
The claimant started work at Ross Travel but was dismissed the same day after the respondent sent an email alleging he caused accidents.
-
DVLA contacted
The respondent reported the claimant to the DVLA, leading to a medical review of his fitness to drive.
-
Email to new employer
An email purportedly from the respondent's Rebecca Lewis told the claimant's new employer that he was a danger to women.
-
Tribunal claim presented
The claimant presented his claim to the employment tribunal, which was a protected act.
-
Blackmail email
Mr Fairchild emailed the claimant's solicitor threatening to report him to the DVLA if the claim was not withdrawn.
-
Final hearing
The final hearing took place at Leeds Employment Tribunal before Employment Judge Maidment.
The legal issue
The tribunal had to decide whether the bus driver was constructively dismissed after a series of abusive comments and threats, and whether those acts amounted to disability-related harassment, direct discrimination, and victimisation under the Equality Act 2010.
The outcome
The tribunal upheld the bus driver's claims of constructive dismissal, disability harassment, direct discrimination, victimisation, and unauthorised deduction of wages.
Key reasons:
- The employer failed to stop repeated abusive comments about the driver's Asperger's on a staff WhatsApp group, including being called 'special needs'.
- The transport manager threatened to sack him if he pursued an insurance claim for damage to his car.
- After the driver resigned, the employer victimised him by reporting him to the DVLA and contacting his new employer, causing him to lose the new job.
- The employer also withheld £576 in wages without justification.
Compensation:
- £25,000 for injury to feelings (Vento award)
- The tribunal also ordered the employer to pay the driver's costs of £10,000 due to unreasonable conduct.
Lessons & takeaways
- Employers must take swift action to stop disability-related harassment, including on informal channels like WhatsApp groups.
- Threatening to dismiss an employee for exercising a legal right (like an insurance claim) can amount to direct discrimination and constructive dismissal.
- Victimisation after a tribunal claim—such as contacting a new employer—can lead to significant compensation and costs orders.
- Withholding wages without a clear contractual or legal basis is likely to be an unauthorised deduction.
- Failing to pay a deposit order to contest disability status can result in that defence being struck out.
This case shows how a workplace culture of casual ableism, left unchecked, can escalate into a successful constructive dismissal and discrimination claim. The bus driver, who had Asperger's Syndrome, was repeatedly called 'special needs' on a staff WhatsApp group by colleagues and even managers. When he complained, nothing was done.
What went wrong
The employer's failures were multiple. First, it allowed a WhatsApp group to become a platform for disability-related abuse without intervention. Second, when the driver's car was damaged at work, the transport manager threatened to sack him if he pursued an insurance claim—a clear act of direct discrimination. Third, after the driver resigned, the employer victimised him by reporting him to the DVLA and emailing his new employer, causing him to lose the job the same day.
The tribunal also found that the employer withheld £576 in wages without evidence of negligence, and that it tried to force the driver to write a false confession about vehicle damage. This pattern of behaviour amounted to a fundamental breach of the implied term of trust and confidence, justifying constructive dismissal.
Why the result matters
This case is a reminder that disability harassment is not limited to face-to-face interactions—online workplace groups are equally covered. It also highlights that victimisation after a claim is brought can be severely penalised, with the tribunal ordering the employer to pay £10,000 in costs for its unreasonable conduct. For employees in similar situations, the key takeaway is to document everything and seek legal advice early, especially if you are being pressured to drop a legitimate claim.
Similar cases
Dental nurse's constructive dismissal and discrimination claims rejected by tribunal
A dental nurse who resigned after securing another job failed to prove she was constructively dismissed or that her employer discriminated against her. All claims were dismissed.
Social worker's race discrimination claim over 'aggressive' stereotype dismissed
A black social worker with 15 years' service lost her claims of race discrimination and constructive dismissal after an altercation with a white colleague. The tribunal found no evidence of stereotyping or unfair treatment.
Firefighter forced out by sex discrimination and victimisation: constructive dismissal upheld
A firefighter with five years' service was constructively dismissed after being subjected to sex discrimination, harassment, and victimisation by colleagues. The tribunal upheld her claims and awarded a basic award of £2,284.
Legal secretary awarded £29,000 after assault and protected disclosures
A trainee legal secretary who was assaulted by her employer and made protected disclosures has won claims of unfair dismissal, sex discrimination, harassment and victimisation. She was awarded £28,986.85.