What just happened? Star Citizen developer Cloud Imperium Games has been ordered to pay more than £27,000 ($34,200) to a former employee in compensation after he filed a discrimination complaint over the company's return-to-office policy.
A UK employment tribunal found in favor of senior programmer Paul Ah-Thion, who said CIG's return-to-office policy failed to accommodate his needs as a disabled person, writes Game Developer.
Ah-Thion, who was diagnosed with Autism Spectrum Disorder, was hired by CIG in 2018 and informed the company of his condition. He started working at an office in Wilmslow – a town south of Manchester – before the Covid-19 pandemic forced everyone to work from home.
Ah-Thion found that working from home was much more suitable when it came to accommodating his disabilities. But in 2021, CIG opened a new studio – which is now its headquarters – around 15 miles away from the Wilmslow office, in Manchester, and mandated that all its staff return to work at its new location.
Ah-Thion requested that he be allowed to continue working remotely in light of his disability, but CIG refused. After repeated requests and explanations why it would be beneficial, CIG dismissed Ah-Thion in July 2022. He was fired due to "performance issues related to his remote working setup."
As of May 2024, crowdfunding for Star Citizen has raised over $700 million, making it one of the highest-funded crowdfunded projects of all time. CIG's website states that it has over 700 employees operating out of five studios around the globe, yet it still defined itself as a "start-up" enterprise during the tribunal. It also claimed that working remotely meant Ah-Thion could not meet certain job criteria, such as mentoring junior staffers.
However, the tribunal ruled that there was no specific issue with Ah-Thion's performance in relation to working from home, and that CIG never investigated his concerns. The studio also failed to give evidence that suggested why his performance could not be monitored remotely.
"Normal performance measures, such as performance targets and regular review meetings, could have been dealt with online," the tribunal ruled. "We find that the respondent has treated the claimant unfavorably because of something arising in consequence of his disability."
Combined with Ah-Thion's admission that working in the office left him "exhausted and distressed," the tribunal found that CIG could have allowed him to work from home. By refusing, it acted in a discriminatory and disproportionate manner.
"We find there was a failure of the respondent to understand the nature of the claimant's autism. It was a condition of his autism that he struggled with his duties to act as a coach, reviewer and mentor to the junior members of the team," states the judgement. "The evidence shows that the claimant was struggling to do this when he worked in the office."
The £27,748 ($35,156) in compensation includes £14,045 ($17,795) in lost earnings and £12,000 ($15,204) for injury to feelings.
Ah-Thion said he feels "vindicated" by the outcome. "I've been fighting this by myself for two years, and being autistic made the whole process especially challenging. But we're lucky to have the employment tribunal system, where an ordinary person can actually find justice without having to bankrupt themselves on legal fees," he added.
Most companies are implementing return-to-office mandates, even those that promised they wouldn't ask employees to return after the pandemic. One of these tech giants is Amazon, a move that resulted in mass walkouts against the policies. Church Hindley, a quality assurance engineer at Amazon, said last year "I'm not suited for in-office work […] I deal with depression and anxiety and I was able to get off my anxiety medication and start living my life."
Star Citizen developer must pay disabled ex-worker $34,200 in return-to-office discrimination case
