Lurgan man with autism settles discrimination case

Oisin McKerr with his mother Charlene

A fish and chip shop worker with autism has received £8,000 after his former employer settled a disability discrimination case.

Oisín McKerr,18, from Lurgan was at school when he applied for a part-time job at Mak's Plaice takeaway shop in Magheralin, County Down.

He said that a few months after starting he was asked to pick up his final pay cheque.

Mr Kerr said he declared that he lives with autism on his application.

The case, supported by the Equality Commission, was settled without admission of liability by the company.

In a statement, a spokesperson for Mak's Plaice said that while its version of events did not align with that of the Equality Commission, the company is pleased the matter is now closed.

The case was settled without admission of liability by the company

Mr McKerr said that in January 2023 he received a phone call saying that it would be a quieter time in the shop and that in March the company would be able to offer him more hours.

'In denial'

However, a few days later he said he received a text message to ask him to collect his final pay and uniform.

"At the time I was in denial, thinking: 'I can't take another job - they will want me back in March time'," Mr McKerr said.

"With it being my first job I was learning a lot of new things and doing stuff I'd never done before.

"I found it quite exciting at first and I was being taught all these different life skills, like how to handle money, how to use tills, how to cook food and I was very happy with it."

Mr McKerr said that his employer did not talk to him about his autism or raise any issues about his performance, but said that due to it he does need some adjustments in the workplace.

"Like anyone in any job I would make a small mistake and I would ask them: 'Is this OK?'" he said.

He said the company did not say it was a major issue.

"When I was in the job I was open about having autism. It wasn't something I tried to hide," he said.

"I would need some allowances at times when it is really busy with fryers going off, customers in and trying to get orders on the phone - it can get really overwhelming - and that is when I would be more prone to making a small mistake.

"In my opinion I feel they should have recognised that I might have been having issues with different things and they should have just sat me down and talked to me about it. "

'Committed to the case'

Mary Kitson, a senior legal officer with the Equality Commission, said employees with autism have protections under the Disability Discrimination Act.

Mary Kitson of the Equality Commission said Mr McKerr was very determined about his case

"Oisín was very determined and committed to this case from the beginning and he was very clear the case was not just about compensation," she said.

"This employer has committed to working with the Equality Commission to look at their practises and procedures and to get our help and support," she added.

"We give free advice to all employers to help support them to make sure they comply with their obligations under the equality legislation."