Bus driver with Asperger's Syndrome wins payout after harassment by colleagues

[43066]

Bus driver who was called an 'illiterate imbecile' wins payout

The Leeds tribunal panel heard that bus driver Thomas Holland started working for A&A Coach Travel Ltd in September 2016 after telling them he had Asperger's Syndrome.

www.dailymail.co.uk

A bus driver with Asperger's Syndrome who was called an 'illiterate imbecile' and 'sp****' by work colleagues has won a £30,000 payout.

I’m very pleased to see the result in this case, but also appalled that harassment like this could still happen.

Not to say harassment and discrimination doesn’t happen in other industries, but certainly anyone behaving like this towards a colleague on the railway these days would find themselves out of a job in very short order. This sounds like a sustained campaign of bullying/victimisation against one individual by a large number of colleagues, which is even more concerning.

Just keen for peoples’ thoughts, really. Is this kind of thing more prevalent in the bus industry than elsewhere?

 

[37114]

That is shocking to read, my sympathy to the colleague affected. I can't comment on the bus industry however sadly this is not unheard of. The buck stops with the head of the company for supporting a culture where colleagues don't feel they can speak up and that harassment is not effectively dealt with.

 

[DaveHarries]

Awful for Mr. Holland and he has my sympathies. I hope he succeeds (if he hasn't already) in finding a job with a better employer. As for the reputation of A&A.....

Dave

 

[bunty0657]

When in a hole: Stop digging. A message lost on this operator if judgement is based on a post on its Facebook page made earlier today. Dubious grammar copied and pasted.

A&A Coach Travel Ltd | York

A&A Coach Travel Ltd, York. 1,327 likes · 560 were here. Coach and Bus hire for all occasions. School Transport Providers. Situated in the Heart of Yorkshire

www.facebook.com

Notice regarding recent press.
As a responsible and caring company, We would like to reassure our employees and clients we do not tolerate any forms of discrimination in the workplace.
Disrespectful behaviour has no place in our working environment.
Whilst we are disappointed and taking it extremely seriously an employment tribunal has ruled against us, this is a complex case.
We are looking to appeal this decision, as this is not who we are.

Meanwhile, it's not A&A Coach Travel's first appearance at an Employment Tribunal:

Mr A McIver v A & A Coach Travel: 1802414/2019

Employment Tribunal decision.

www.gov.uk

The judgment of the Tribunal is that:
1. The claim for outstanding holiday pay is well-founded and succeeds. The
respondent is ordered to pay the sum of £722.20 to the claimant. This is a gross sum
and the claimant is responsible for the payment of any tax or national insurance
thereon.
2. The claim for unauthorised deduction from wages is well-founded and succeeds.
The respondent is ordered pay the sum of £54.00 to the claimant. This is a gross sum
and the claimant is responsible for the payment of any tax or national insurance
thereon

 

[bramling]

Bus driver who was called an 'illiterate imbecile' wins payout

The Leeds tribunal panel heard that bus driver Thomas Holland started working for A&A Coach Travel Ltd in September 2016 after telling them he had Asperger's Syndrome.

www.dailymail.co.uk

I’m very pleased to see the result in this case, but also appalled that harassment like this could still happen.

Not to say harassment and discrimination doesn’t happen in other industries, but certainly anyone behaving like this towards a colleague on the railway these days would find themselves out of a job in very short order. This sounds like a sustained campaign of bullying/victimisation against one individual by a large number of colleagues, which is even more concerning.

Just keen for peoples’ thoughts, really. Is this kind of thing more prevalent in the bus industry than elsewhere?

The comparison with the railway is an interesting one. At my place we have someone who constantly causes problems. To be completely honest, the general feeling is that he is simple in some way, as he is constantly engineering situations to which others are bound to react in one way or other, then when that happens he immediately claims harassment / bullying, to no particular end-game apart from causing hassle and disruption.

Needless to say none of this has been managed in any way as the relevant management either can’t be bothered to get involved or if they do are too weak to actually confront the issues.

I suspect the root cause of a lot of these sorts of issues is that managements are often poor at nipping issues in the bud, instead leaving them to develop to the point where things flare up into something bigger. In the meantime developing a toxic workplace environment - at my place for example we have things glued down to the desk top and anything belonging to anyone has to be locked away.

 

[M803UYA]

Bus driver who was called an 'illiterate imbecile' wins payout

The Leeds tribunal panel heard that bus driver Thomas Holland started working for A&A Coach Travel Ltd in September 2016 after telling them he had Asperger's Syndrome.

www.dailymail.co.uk

I’m very pleased to see the result in this case, but also appalled that harassment like this could still happen.

Not to say harassment and discrimination doesn’t happen in other industries, but certainly anyone behaving like this towards a colleague on the railway these days would find themselves out of a job in very short order. This sounds like a sustained campaign of bullying/victimisation against one individual by a large number of colleagues, which is even more concerning.

Just keen for peoples’ thoughts, really. Is this kind of thing more prevalent in the bus industry than elsewhere?

Sad to say the attitudes expressed are very prevalent of the industry and experiences I readily relate to from having the condition myself.

Aspies have a lot to offer the industry if properly managed and understood. Few operators bother.... Want someone reliable, loyal and keen to do the job properly? Hire one!

For all it's talk about mental health issues and being open about talking about how you feel, the industry has a lot to do to get itself into a place where it understands the people it employs.

My last office job collapsed thanks to a 'manager' who was ignorant of my issues and he was rewarded by the company with a promotion to Operations and Commercial Director some months later. Said company is held up as a shining example of the municipal operation and he is a darling of the trade press. He has engaged in behaviour very similar to the above operator, and sadly I'm well beyond the required three months ACAS and a tribunal requires.

 

[Flange Squeal]

Interesting to note the company involved. Last year they won the route 30 contract between Horsforth and Pudsey. A subsequent seven page thread on the Travel West Yorkshire Forum goes on to detail what sounds like a very hit-and-miss operation, with some posters claiming that many journeys either haven't been running at all or when they do run sometimes skipping bits of the route out, and when speaking to the operator by phone regarding these issues they have had several rude comments.

 

[GusB]

It just goes to show that health and safety isn't just about preventing slips, trips and falls, but also about looking out for the mental wellbeing of staff, too.

In the case highlighted above, the abuse dished out was very overt, but in many cases it's much more subtle. Either way, there's absolutely no place for it in the workplace.

 

[PaulMc7]

As someone with Aspergers Syndrome, I can easily say that stories like this are a long way away from not existing. It's something a large amount of people really don't understand and don't take the time to learn about.

The other main issue is that some people just assume everyone who has it will be affected in the same way whereas it's different from person to person. A lot of people won't know I have it until I mention it for example because people just think I'm quiet rather than having any disability.

 

[M803UYA]

As someone with Aspergers Syndrome, I can easily say that stories like this are a long way away from not existing. It's something a large amount of people really don't understand and don't take the time to learn about.

The other main issue is that some people just assume everyone who has it will be affected in the same way whereas it's different from person to person. A lot of people won't know I have it until I mention it for example because people just think I'm quiet rather than having any disability.

I think the best way to describe Aspergers is that someone with it doesn't have the normal social cues many take for granted. So they have to be learned. Early in my career I worked for two operators who made sure I dealt with people and got to see them every single day. That was something I bitterly resented at the time but it has stood me extremely well in my subsequent career. It was through meeting other aspies that I discovered people who didn't know what to do in certain situations - saddest of which was walking into a pub. All that ale on offer if only you just asked the person on the bar

In more recent times, thanks to the behaviour of that manager effectively ending my career scheduling I've driven SEN schools contracts as a step back into full time work. Many of the children I've been driving are somewhere on the autistic spectrum and so I understand them perfectly!

If you were to describe your 'ideal employee' - someone who was reliable, loyal to you and well motivated (because they're doing something they love) would be right up there in the people you'd want working for you! Such people want encouraging.

 

[PaulMc7]

I think the best way to describe Aspergers is that someone with it doesn't have the normal social cues many take for granted. So they have to be learned. Early in my career I worked for two operators who made sure I dealt with people and got to see them every single day. That was something I bitterly resented at the time but it has stood me extremely well in my subsequent career. In more recent times, thanks to the behaviour of that manager effectively ending my career scheduling I've driven SEN schools contracts as a step back into full time work. Many of the children I've been driving are somewhere on the autistic spectrum and so I understand them perfectly!

If you were to describe your 'ideal employee' - someone who was reliable, loyal to you and well motivated (because they're doing something they love) would be right up there in the people you'd want working for you! Such people want encouraging.

That's a pretty accurate description you start off with there in your post. If you give people the confidence and treat them well, they'll be the best workers you'll ever have. A lot of companies need to understand that more as I'd say it also applies to people without autism etc

 

[185]

An ex railwayman too. This is a clear message to HR bosses that you either tackle this kind of behaviour properly or face the wrath of the courts afterwards. There seems to be lots of these trendy policies with glossy booklets about, but in two cases I'm monitoring the employer has done the absolute polar opposite of what it promised to do in the policy.

> This at a time when the RSSBs latest bulletin was on "Safety Risks / Bullying".

 

[Wolfie]

An ex railwayman too. This is a clear message to HR bosses that you either tackle this kind of behaviour properly or face the wrath of the courts afterwards. There seems to be lots of these trendy policies with glossy booklets about, but in two cases I'm monitoring the employer has done the absolute polar opposite of what it promised to do in the policy.

> This at a time when the RSSBs latest bulletin was on "Safety Risks / Bullying".

Sadly too many organisations, including those in the public sector, have wonderfully all-encompassing policies but when it comes to actually implementing them.....

 

[DaveHarries]

When in a hole: Stop digging. A message lost on this operator if judgement is based on a post on its Facebook page made earlier today. Dubious grammar copied and pasted.

A&A Coach Travel Ltd | York

A&A Coach Travel Ltd, York. 1,327 likes · 560 were here. Coach and Bus hire for all occasions. School Transport Providers. Situated in the Heart of Yorkshire

www.facebook.com

I note that they don't deny that the incident which lead to this £30K payout actually took place. They do need to stop digging and, tbh, if I was them I wouldn't waste the appeal which would clearly be aimed at stopping their reputation from taking a nosedive.

Dave

 

[Simon75]

As someone with Aspergers Syndrome, I can easily say that stories like this are a long way away from not existing. It's something a large amount of people really don't understand and don't take the time to learn about.

The other main issue is that some people just assume everyone who has it will be affected in the same way whereas it's different from person to person. A lot of people won't know I have it until I mention it for example because people just think I'm quiet rather than having any disability.

I have Aspergers too, and totally agree with you

 

[bramling]

Sadly too many organisations, including those in the public sector, have wonderfully all-encompassing policies but when it comes to actually implementing them.....

Exactly.

A lot relies on local management. Of course, places with good local management are unlikely to have festering issues in the first place, so presence of poor behaviours and failure to address poor behaviours tend to come together.

It probably won’t change though, for a number of reasons.

 

[JD2168]

Good to hear that the driver has got the payout as mentioned at the top of this thread. Given how good A&A are at running the 30 in Leeds as seen in posts on the Travel West Yorkshire forum it doesn’t paint a good picture of this operator.

 

[WY Bus Spotter]

There are also some (rather interesting) posts on their Facebook page from parents of children who use their school buses. Including buses not showing up, drivers being rude ect...

Plus the whole Horsforth No. 30 saga (of which I have posted about on the Travel West Yorkshire forum); it really doesn't paint them in a great light.

 

[M803UYA]

Good to hear that the driver has gained the compensation as mentioned. Given how good A&A are at running the 30 in Leeds it doesn’t paint a good picture of this operator.

I don't think, from this article, that he's received the payout. https://www.yorkpress.co.uk/news/23359068.york-bus-driver-haxby-aspergers-wins-30-000/

Normally the Employment Tribunal publishes it's judgments online, but this one is yet to appear.

£30,000 payout for York bus driver with Asperger's Syndrome called an 'imbecile'​

By Haydn LewisHaydnpressDigital Audience Content Editor
A BUS driver from York with Asperger's Syndrome who was called an 'imbecile' and an 'illiterate cretin' by work colleagues has won a £30,000 payout.

Tom Holland, 35, who lives in Haxby, said he worked as a driver for A&A Coach Travel Ltd, then based at Tockwith and now in Harrogate, as driver for two periods, from September 2016 - May 2019 and then again from June 2019 - December 2020, during the pandemic.
It was during the latter period that the bullying occurred.
A Leeds employment tribunal found Mr Holland was subjected to frequent name-calling and abuse related to his disability and was threatened with dismissal from his job.

They heard how Mr Holland was told: 'Just do what you are told to do you special needs waste of space'.
And how he was also called an 'imbecile' an 'illiterate cretin' and referred to as 'Mr Bean'.
In the end Mr Holland was constructively dismissed and after he'd left the firm he was reported to the DVLA and his former employer wrote to a new employer putting his new job in jeopardy.

The firm which provides bus services, including contracts to take pupils to and from local schools, has refused to comment saying they are appealing the panel's decision.

The panel heard that said Mr Holland would cry himself to sleep, dreading going into work everyday and hoping the behaviour would stop. The tribunal heard that he was eventually forced to quit when constructively dismissed by the firm.

As a result he has been referred to counselling and described himself as being unable to sleep with his stammer returning. His father told the panel that Mr Holland's behaviour changed with him becoming withdrawn and not showing an interest in things and constantly worrying.


The panel awarded Mr Holland £29,000 for injury to feelings plus £1,500 costs.

Mr Holland who has been a bus driver for over seven years, and said he is now "much happier in life" working for a company near Doncaster, said: "I was in a really dark place at the time, I didn't have anyone to talk to about what was going on and the fact that it carried on even after I left, with them contacting my new employer meant I couldn't get away from it.

"Now I just want my award. The tribunal have found in my favour and I just want what's owed to me."

 

[Mwanesh]

The A&A response borders on arrogance. They should have kept quiet. I worked with school kids on school busses. I finally understood how to deal with different conditions. How to respond and calm them down

 

[M803UYA]

I've found the judgment on the employment tribunal website. It doesn't make for happy reading.

Mr T Holland v A & A Coach Travel Ltd: 1802393/2021

Employment Tribunal decision.

www.gov.uk

...
22. On starting his employment with the respondent, the claimant was invited
to join its WhatsApp messaging group which included all members of staff.
The claimant was targeted with insults about his disability, predominantly
from Mr James Fairchild of the respondent. The claimant’s uncontested
evidence is accepted.

23. These included being referred to by Mr Fairchild as “special needs” on 24
May 2018, as a “cretin” on 17 December 2018 and as being one of “the two
special needs ones” on 14 February 2019.

24. Mr Fairchild had also called the claimant an “illiterate cretin” on 22 January
2019. On another occasion on 27 June 2019 Mr Fairchild called the claimant
an “imbecile” and referred to his “****tardness”. He referred to him as “the
spakka” in September 2019 and on 24 November 2019 Mr Fairchild said to
the claimant: “just do what you are told to do you special need waste of
space”. On 5 December 2020, Mr La Pilusa, the respondent’s Transport
Manager, referred to the claimant as “Mr Bean”.

25. On another occasion, in response to a message announcing a group
training session on helping passengers with disabilities, Mr Trevor Carr and
Mr David Moore had an exchange of messages where Mr Carr stated: “We
experience it every day working with” the claimant. Mr Moore responded
asking whether that was discrimination and Mr Carr replied: “don’t give a
****, it’s true”.

26. The tribunal has been taken to screenshots of a number of these messages.
The respondent does not deny that they were sent...

 

[150249]

I also have Asperger's Syndrome but no one has ever given me any difficulties apart from people who used to beg me for help in their exams because they knew I focused on specific subjects and that I was very knowledgeable on them.

 

[ainsworth74]

I've found the judgment on the employment tribunal website. It doesn't make for happy reading.

Mr T Holland v A & A Coach Travel Ltd: 1802393/2021

Employment Tribunal decision.

www.gov.uk

I have experience of Social Security Tribunals, I am honestly speechless at the conduct of the Respondents Representative. From their message to the Claimants solicitor, to their failure to provide an effective response that actually addresses the points raised by the claim to their failure to adduce any evidence of their own claims during the substantive hearing, and more besides it seems. If I behaved like that my employer would sack me for gross misconduct and my clients would likely sue my employer as well. Speechless.

 

[GusB]

I've found the judgment on the employment tribunal website. It doesn't make for happy reading.

Mr T Holland v A & A Coach Travel Ltd: 1802393/2021

Employment Tribunal decision.

www.gov.uk

I felt quite angry while reading that judgement. To set upon an employee like that and then actively take steps to prevent them gaining further employment is quite disgusting behaviour.

I can only hope that their customers see this outfit for what it is and take their business elsewhere.

 

[ChrisPJ]

Is the James Fairchild referenced the James Fairchild of preserved WYPTE buses fame?

 

[Peter0124]

As an aspie too, it made my blood boil when I read that article yesterday.

 

[M803UYA]

I felt quite angry while reading that judgement. To set upon an employee like that and then actively take steps to prevent them gaining further employment is quite disgusting behaviour.

I can only hope that their customers see this outfit for what it is and take their business elsewhere.

There might well be another visit to the traffic commissioner ahead for the operator concerned - the comments in the judgment about the transport manager being willing to falsify an insurance claim will lead to further interest from the commissioners. Such things affect the repute of those holding operator licences - the recent visit resulted in a formal warning for the transport manager plus a disc reduction on the licence. The non compliant operation of local bus services wasn't part of that call up. Question might be, what else is the operator willing to falsify? Maintenance records of vehicles?

A further appearance at public inquiry might see the licence revoked and the transport manager disqualified. Which wouldn't be a disproportionate outcome for an operator that treats its employees this poorly. The bar to succeeding at employment tribunal is quite high, and the level of damages in this case is quite high because of the operator's conduct. But not the highest it could be. I could quote sections from the judgment, but it is a 20 page PDF.

 

[ComUtoR]

Mr Holland now has £30k and no job. His future employability also took a major hit and nothing changes and the company just ticks along as usual.

I don't see this as a win.

 

[bunty0657]

There might well be another visit to the traffic commissioner ahead for the operator concerned - the comments in the judgment about the transport manager being willing to falsify an insurance claim will lead to further interest from the commissioners. Such things affect the repute of those holding operator licences - the recent visit resulted in a formal warning for the transport manager plus a disc reduction on the licence. The non compliant operation of local bus services wasn't part of that call up. Question might be, what else is the operator willing to falsify? Maintenance records of vehicles?

I make you right: A Traffic Commissioner has wide remit when it comes to the repute of an operator and it transport manager(s), and what has gone on here calls into question this business's repute by anyone's standards. The judgement linked, and the accounts given in the Travel West Yorkshire Forum thread mentioned in post #7 (if those are taken at face value), suggest that this is not an operator that would be missed.

Is the James Fairchild referenced the James Fairchild of preserved WYPTE buses fame?

An individual by that name presents themselves as a transport consultant in the Yorkshire area. I believe it is one and the same person.

 

[Wolfie]

It sounds like this company going out of business would be no loss.