The AA to Pay Compensation for Disability Discrimination to Autistic Employee

Published : September 22, 2025

In Mr Adrian Lloyd-Penny v Automobile Association Developments Limited, an autistic recovery patrol has been awarded more than £24,000 in compensation for disability discrimination. This came after his employer failed to make reasonable adjustments, leaving him unsupported, which contributed to an outburst that ultimately led to his dismissal.

In this article, we look at the events leading up to the tribunal’s judgment and what it decided. We then address common questions that autistic workers and others with disabilities often have when considering a claim.

If you believe your employer hasn’t supported your autism in the workplace and breached your rights, contact Redmans Solicitors. As employment law specialists, we can analyse your circumstances, provide the answers you’re looking for and discuss your next steps.

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The Facts in Mr Adrian Lloyd-Penny v Automobile Association Developments Limited

Background to Compensation for Disability Discrimination

Mr Adrian Lloyd-Penny (“the Claimant”) began working as a recovery patrol for Automobile Association Developments Limited (“the Respondent”) in March 2023. He has autism, and informed the Respondent of this during his job interview. Among other things, his condition makes it difficult for him to cope with change and can lead to him becoming angry if he feels he isn’t being heard.

From Frustration to Threat: The August Incident

Issues first arose following incidents on 12 and 16 August 2023, although the former was more central to this case. On an overnight shift, between 12 and 13 August, the Claimant had several calls with the Respondent’s indoor team. The Claimant had been left frustrated with how his shift had been handled and provoked by sudden changes. In an angry outburst, he said, “…I hope to god I never meet the manager that I was dealing with, or the dispatcher that give me this job…Cos I’ll drop them from a third-storey bloody window, the pair of them on their heads.”

When the matter reached the Claimant’s line manager, Mr Michael Townsend, a probation review meeting was scheduled. Since the Claimant was on leave, the meeting was arranged for 21 August when he was due to return. The letter outlined that due to the incidents on 12 and 16 August, a probationary review was required, and that termination of his employment was a “potential outcome.”

However, while the Claimant returned on 21 August, he was unaware of the probation review meeting and so missed it. This was because it was scheduled before his shift started, and to ensure he could unwind during his absence, he didn’t check his work email.

Read More: Lab Assistant Awarded £70K in Disability Discrimination Claim After Being Dismissed for Taking Sick Leave

As such, later that day, the Claimant emailed Mr Townsend explaining this and requested information on how to proceed. He also discussed the effects of having things sprung on him, stating that his wife had to write the email due to his “severe anxiety.” He concluded by claiming that, since his previous line manager left, the support provided for his condition was insufficient and needed correcting.

Autism in the Workplace, Alleged Discrimination, and Probation Review

The probation review meeting was subsequently rescheduled for 23 August. Before the meeting took place, though, the Claimant lodged a grievance. His wife initially raised this, but when HR insisted that the complaint come directly from him, he forwarded her comments. While the grievance lacked detail, it was clear that it regarded support shortfalls concerning the Claimant’s autism at work.

Notably, HR didn’t forward the Claimant’s grievance to Mr Townsend. Nonetheless, the rescheduled probation review meeting went ahead.

During the meeting, Mr Townsend questioned the Claimant on “being aggressive towards members of staff.” The Claimant responded, emphasising his autism and asserting that he’d apologised for the manner in which he spoke.

Despite this, Mr Townsend pressed him on the matter, leading to the Claimant stating, “They had flared up my autism, they had ignited it…” He accused Mr Townsend of not listening and attempting to trigger him, before adding, “I can’t control my autism, I can’t control myself, can you, when you are angry.” He then concluded by alleging that the line of questioning was discriminatory.

Compensation for Disability Discrimination: ET Claims Brought

Several breaks took place throughout the probationary review. However, following the final break, Mr Townsend informed the Claimant that he’d make the decision to terminate his employment. While Mr Townsend apologised that it had “come to this,” he said, “I cannot risk an incident like the one recorded happening again,” given it was a customer-facing role.

Confirmation of the Claimant’s dismissal was provided in writing the following day, stating that his last day of employment was 24 August. The letter also outlined that the decision was final and that there was no right to appeal.

The Claimant’s wife subsequently emailed, asking for an update on their grievance. However, rather than addressing the matter, the Respondent replied, repeating that the Claimant had no right to appeal.

Read More: Autistic Teacher Awarded 850K After Being Dismissed For Repeatedly Raising Grievances

Determined to get an answer, the Claimant’s wife sent another email, querying why the probationary review hadn’t been postponed, pending the outcome of the grievance. She further commented that the dismissal was “disability discrimination.” Unfortunately, the Respondent failed to provide an answer.

With no alternatives available, the Claimant turned to the employment tribunal. He began Acas early conciliation on 29 August before initiating tribunal proceedings on 18 October. Among his claims, he alleged discrimination arising from disability and failure to provide reasonable adjustments.

The Employment Tribunal’s Judgment

Following the proceedings, the employment tribunal considered the Claimant’s case. One of his claims concerned a failure to make reasonable adjustments. Here, the tribunal found that the Respondent was aware, or ought reasonably to have been aware, of the disadvantage he faced, given that he had informed them of his autism and the difficulties he experienced when faced with sudden changes.

Despite this, the Respondent didn’t take the necessary steps to provide support. Managerial assistance was lacking, with the tribunal concluding that measures such as liaising with the indoor team or giving the Claimant clear explanations could have mitigated the disadvantage. As the Respondent failed to justify its omissions or demonstrate that such steps would have been ineffective, the tribunal therefore upheld this claim.

Moving on, the tribunal then looked at the Claimant’s dismissal. This time, it highlighted how the decision to terminate his employment was influenced, at least in part, by his behaviour, which arose because of his autism.

While his remarks made during the calls were inappropriate, the tribunal found that the Claimant apologised promptly, and some colleagues were willing to make allowances for his behaviour. Furthermore, the Respondent failed to investigate, seek expert medical evidence, or consider less discriminatory measures, such as issuing a warning or providing further support, before deciding to dismiss him.

The tribunal concluded that dismissing the Claimant without taking these steps was disproportionate and amounted to disability discrimination. With this in mind, it also upheld this claim.

While all other claims were dismissed, given his successful ones, the Claimant was awarded £24,111.68 in compensation for disability discrimination. His award comprised injury to feelings, financial losses, and interest.

How Much is Disability Discrimination Compensation

In the UK, compensation for disability discrimination isn’t capped. The specific amount autistic workers and others with qualifying disabilities can receive depends on the financial losses suffered and the impacts of the treatment endured.

Compensation can cover several elements, including lost earnings and injury to feelings; the latter of which is assessed using the Vento bands. These bands help employment tribunals provide fair and consistent awards based on the severity of the harm caused. Since 6 April 2025, the current bands are:

  • Lower Band (£1,200 to £12,100): for less serious cases
  • Middle Band (£12,100 to £36,400): for cases that are more serious but do not merit an upper-band award
  • Upper Band (£36,400 to £60,700): for the most serious cases, with only exceptional cases exceeding this range

As for the other potential awards, these are determined on a case-by-case basis. If an individual believes their rights have been breached and wants to know more about possible entitlements, discussing one’s case with an employment expert is advisable. Sector specialists can help work out the potential compensation for disability discrimination and discuss an individual’s possible next steps.

Examples of Discrimination Against Disability

Individuals must understand their employment rights so that they can protect themselves and recognise when they may be entitled to bring a claim. Under the Equality Act 2010, disability discrimination occurs when a person is treated less favourably because of their disability. However, such treatment can take many forms and include:

  • Direct discrimination: Treating someone less favourably because of their disability, such as rejecting an applicant simply because they’re autistic.
  • Indirect discrimination: Applying a policy or rule that disadvantages disabled individuals compared with non-disabled comparators without objective justification, like a workplace policy requiring all employees to attend evening meetings, disadvantaging workers with conditions that make such difficult.
  • Harassment: Subjecting a disabled person to unwanted behaviour that violates their dignity or creates an intimidating or offensive environment for them, such as making jokes about a colleague’s mental health condition.
  • Victimisation: Mistreating a worker because they complained about disability discrimination or supported someone else’s complaint, like denying promotion to an employee after they gave evidence in a colleague’s tribunal claim.

Importantly, these examples highlight only a few ways in which individuals with qualifying disabilities could face discrimination. Each individual’s circumstances will differ, so if someone is unsure about their rights, it’s advisable to seek specialist help.

What Evidence Do You Need for Disability Discrimination?

When making an informal complaint or pursuing an employment tribunal claim, gathering evidence is essential. Doing so helps ensure the matter is taken seriously and can improve the chances of a successful outcome. Employees should aim to secure proof of:

  • Their disability: Including medical reports confirming their condition, and records showing when and how their employer was informed.
  • The less favourable treatment they endured: Such as emails, meeting notes, or witness statements confirming what happened.
Read More: Manager Harassed Employee Suffering from Seizures by Comparing Her to The Exorcist’s Possessed Child
  • The link between their disability and the mistreatment: Including correspondence referencing their condition or documentation highlighting unfavourable policies or practices.
  • Any impacts suffered as a result: For example, payslips showing financial losses, or GP letters confirming effects on well-being.

By carefully collating this evidence, individuals can present a clear and persuasive case. Maintaining thorough records also helps demonstrate patterns of behaviour and the seriousness of the discrimination. Ultimately, well-documented evidence provides a stronger foundation for seeking justice and any compensation to which the employee may be entitled.

If you’ve been mistreated and want to know whether you’re entitled to compensation for disability discrimination, contact us now. Redmans Solicitors are employment specialists, and following a brief chat, we can discuss your eligibility to make a claim.

It only takes a moment to discover how we can help you, simply:

The information on this page is intended for general informational purposes only and does not constitute legal advice.