Mary Kitson

Oisín McKerr, who was a school pupil when he applied for his first part-time job at Mak’s Plaice in Magheralin, Co Armagh, says that he declared on his successful job application that he lives with autism.

In January 2023, a few months after starting, Oisín was told it was a quiet time for the shop, and he might get more hours in March. The next week Oisín received a text message to pick up his final pay cheque and return his uniform.

The message confused Oisín, who did not know he had been dismissed from his job.

The Equality Commission assisted him in bringing a case for disability discrimination.

The case was settled without admission of liability and the company affirmed its commitment to the principle of equality of opportunity in employment and agreed to liaise with the Equality Commission to review its equal opportunities policies, procedures and practices.

The company regrets any injury to feelings, distress or upset felt by Oisín.

Mary Kitson, senior legal officer at the Equality Commission, said: “Employees with autism have protections under the Disability Discrimination Act. Employers are required to make reasonable adjustments to remove barriers to the recruitment and employment of people with disabilities.

“Oisín says that his employer did not talk to him about his autism or raise any issues about his performance. Nor did they inform him that he was being dismissed. Oisín deserved to be treated with dignity and respect at all stages of his employment.

“Oisín’s employer should have identified support measures to try and address any issues of performance at work and discussed these with him. Good support from any employer is key to successful employment for a person with autism and effective communication is central to this support. If this approach had been taken, Oisín may have had the opportunity to keep his job.”