AA Driver With Autism Wins Discrimination Case After Being Fired for Joke

An AA recovery driver with autism who was dismissed after jokingly saying he would like to drop two colleagues out of a window has won his discrimination case.

Adrian Lloyd-Penny, 42, made the comment about dropping Lyndon Tyler, a night manager, and Dave Boddison, a dispatcher, "from a third-storey b----- window" during a heated phone call with a colleague. He later explained that his autism had "flared up" in response to a mistake he thought they had made.

The tribunal heard that Mr. Lloyd-Penny quickly apologised to both colleagues, who took no offence as they recognised the remark was intended as a joke. Despite this, he was called to a meeting where he was told his behaviour was "incredibly inappropriate," and he was subsequently fired.

Mr. Lloyd-Penny pursued legal action, successfully claiming disability discrimination. While the employment judge acknowledged that a responsible employer should address such comments, the tribunal ruled that his dismissal was disproportionate.

The tribunal, held in Watford, was told that Mr. Lloyd-Penny, who worked at the AA's Enfield depot in north London, was frustrated over a perceived error by Mr. Tyler and Mr. Boddison in August 2023. He vented his frustration during the phone call, but Mr. Tyler later clarified in an email that neither he nor Mr. Boddison took offence, acknowledging the remark was made in jest.

A remedy hearing to determine the amount of compensation will be scheduled at a later date.

E&K Solicitors