Casual worker with autism loses discrimination claims but wins worker status
A casual worker with Asperger Syndrome failed to prove disability discrimination or harassment, but the tribunal ruled she was a worker entitled to holiday pay.
1 min read · Last updated 18 May 2026
Case details
- #autism
- #asperger-syndrome
- #casual-worker
- #worker-status
- #holiday-pay
- #workplace-friction
- #unfair-dismissal-withdrawn
Key facts
- The claimant worked intermittently for the respondent from early 2016 to 10 September 2021 as a casual worker.
- The claimant has Asperger Syndrome, which was known to the respondent.
- The claimant did not receive holiday pay or sick pay during her engagement.
- On 26 August 2021, a brief exchange of tetchiness occurred between the claimant and Ms Polyviou.
- The claimant resigned on 16 October 2021 after Mr Lowe's summary of his investigation into her complaint.
- The claimant's unfair dismissal claim was withdrawn as she lacked two years' continuous service.
Timeline
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Diagnosis of Asperger Syndrome
The claimant was diagnosed with Asperger Syndrome/Autistic Spectrum Disorder.
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Start of casual work
The claimant began performing ad-hoc services for the respondent.
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Incident with Ms Polyviou
A short exchange of tetchiness occurred when Ms Polyviou asked the claimant to lock up; the claimant complained of 'textbook workplace bullying'.
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Offer to stay away
Mr Lowe offered the claimant the option to stay away from work with pay; she accepted and remained away until 6 September.
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Meeting at pub
Mr Lowe and the claimant met for three hours to discuss the situation; they agreed to an email exchange.
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Return to work
The claimant returned to work; Ms Polyviou was on holiday.
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Last working day
The claimant's last working day; she left London for the north of England.
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Apology email to Ms Polyviou
The claimant sent an email to Ms Polyviou apologising; Ms Polyviou responded conciliatorily.
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Summary of findings and resignation
Mr Lowe sent a summary concluding 'workplace friction'; the claimant replied that she would not return and thanked him.
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Claim presented
The claimant presented her claim form to the Employment Tribunal.
The legal issue
The tribunal had to decide whether the claimant was a 'worker' or 'employee' under employment law, and whether the respondent's treatment of her amounted to disability discrimination, harassment, or victimisation.
The outcome
The tribunal ruled that the claimant was a worker for the purposes of the Working Time Regulations, meaning she is entitled to holiday pay. However, all her claims for disability discrimination, harassment, and victimisation were dismissed.
- The claimant's unfair dismissal claim was withdrawn as she lacked two years' continuous service.
- The holiday pay claim was adjourned for a further hearing.
- No compensation was awarded as the discrimination claims failed.
Lessons & takeaways
- Casual workers with irregular hours may still be classified as 'workers' for holiday pay purposes, even if they are not employees.
- To bring an unfair dismissal claim, you generally need two years' continuous service — intermittent work may not count.
- A single tetchy exchange is unlikely to amount to harassment or discrimination, even if the employee has a known disability.
- Employers should ensure that all workers, including casual staff, receive their statutory holiday pay entitlement.
A dispute that went to tribunal but fell short
This case shows the limits of discrimination law when workplace friction is not clearly linked to a disability. The claimant, a casual worker with Asperger Syndrome, had worked intermittently for Miracle Art and Inspired Sanity Ltd since 2016. A brief tetchy exchange with a colleague in August 2021 led her to complain of bullying, and after an investigation concluded there was 'workplace friction', she resigned.
She brought claims for disability discrimination, harassment, victimisation, and unfair dismissal, as well as a claim for unpaid holiday pay. The tribunal found that while she was a worker entitled to holiday pay, her discrimination claims failed because the incidents were not shown to be because of her autism.
What the employer did right
The respondent offered the claimant paid time off after the incident, held a three-hour meeting to discuss her concerns, and conducted an investigation. The tribunal noted that the employer's actions were reasonable and not discriminatory. The claimant's resignation was not treated as a constructive dismissal because she had less than two years' continuous service.
What this means for similar claims
For casual workers, the key takeaway is that worker status can be established even with intermittent work, giving rights to holiday pay. However, discrimination claims require clear evidence that the treatment was because of the disability — not just that a disabled person was involved in a workplace disagreement. The case also highlights the importance of continuous service for unfair dismissal claims.
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