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Sebastian Naughton successfully acts for Claimant in Employment Tribunal concerning harassment and post-employment victimisation of employee

14th March 2023

Holland v A&A Coach Travel Ltd (Employment Tribunal)

This disability discrimination claim recently upheld at the Leeds Employment Tribunal and reported in the media concerned a Claimant bus driver with Asperger’s Syndrome, who was subjected to many years of name-calling related to his condition (on various social media platforms). The name-calling (not repeated here) was of a kind rarely seen by employment law practitioners since the 1980s/1990s. Matters then came to a head when his employers tried to take advantage of the Claimant by forcing him to sign a false “confession” which (wrongly) identified him as the responsible party for some vehicle damage. After he resigned in response, he instructed Chris Bennett at Taylor Law, who assisted him to bring an employment tribunal claim.

The case had some extraordinary features, including an upheld complaint of post-employment victimisation after the employer threatened to report the Claimant to driving authorities if he did not withdraw his employment tribunal claim (by an email headed ‘without prejudice’, but to which no prejudice was held to apply), and a costs order based in part on foul and abusive language directed at the Claimant and his solicitors.

The Tribunal upheld all complaints, made an award of aggravated damages and costs in the Claimant’s favour.

Sebastian Naughton was instructed by Chris Bennett at Taylor Law.

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