Wetherspoons has been instructed to compensate an autistic employee over £25,000 for what was deemed as mistreatment by his supervisors regarding his utilization of his staff discount for a family dinner. Brandon Halstead, employed as a kitchen porter at The Albany Palace pub in Trowbridge, Wiltshire, faced reprimand from his superiors for using the discount to cover the expenses of a meal with his mother and five other relatives at a different Wetherspoons establishment in August 2023. Allegations of “dishonesty” in his job duties and “misuse” of the employee discount policy were brought against him, leading to disciplinary action and a sense of being unfairly targeted and disappointed.
A tribunal determined that Mr. Halstead, who subsequently took time off due to workplace stress, should receive £25,412 due to the challenges his autism presented, placing him at a significant disadvantage.
According to the Daily Mail, Halstead was called to a disciplinary hearing for serious misconduct following claims of being “dishonest” and exploiting the policy to save 20 percent – amounting to £19.17 – on his meal. During the proceedings in Bristol, it was disclosed that Halstead, who commenced his tenure at the pub in September 2018, notified his manager that he was unaware the discount was only valid for groups of four or fewer.
In a subsequent meeting, Halstead admitted to using his employee discount for himself and more than three additional individuals, stating he was unaware of any restrictions on the number of people eligible for the discount.
Halstead further revealed that his mother had access to his Wetherspoons app to view his work schedules, which was deemed a breach of data security policy. Despite explaining the impact of his autism, Halstead and his mother Sarah faced challenges, including allegations of non-compliance with data protection policies, leading to significant stress and anxiety, prompting Halstead to take leave from work.
An occupational health report highlighted Halstead’s sense of feeling persecuted and let down. His mother lodged a formal grievance on his behalf, but attempts to address the issues and facilitate his return to work were met with resistance from Wetherspoons management, who declined requests for compensation or goodwill gestures.
While the tribunal acknowledged unwarranted treatment towards Halstead, it did not classify it as harassment. The employment Judge ruled that subjecting an individual with autism, who unknowingly breached a rule without dishonest intent, to a zero tolerance policy was disproportionate. The tribunal upheld the reasonable adjustment claim, emphasizing the substantial disadvantage faced by Halstead due to his autism compared to individuals without the condition.
A spokesperson for Wetherspoons stated that the employee remains with the company, declining to comment on ongoing employment matters involving current staff. It was noted that the employee’s harassment claim was not substantiated.
