Disability discrimination?

[HelpIcantfindaname]

Ds35 has been working for this company part time for over 2 years. His first job after struggling to get through university because of his anxiety & ASD.

The company know he has ASD & they have been really good with him up till now.

He was asked to work on a Sunday, & while working that day he discovered the other workers were being paid double time, he was not.

He raised this with his boss who said he's on a different contract, & shouldn't have accepted the hours if he didn't like it. When he accepted the hours he didn't know he would be paid differently.

Isn't it against the law to pay a disabled person less for doing the same work as others, regardless of contracts?

Can anyone please advise what his next steps should be?

Depends upon why he has a different contract - if they're longstanding employees, for example, they were TUPEd over from a previous owner on their original T&Cs, or full time compared to his part time, his disability isn't relevant.

It’s not about being disabled.
Newer employees at a place I worked had different T’s & Cs to us older long serving employees because contracts changed. We got paid double, new starters didn’t. Huge nationwide business so nothing underhand about it.

If he is being paid less because he is disabled then yes, that is illegal. That would include a situation where he is the only person on this contract, or the contract is only used for disabled employees. Your son should consult a lawyer who specialises in employment law. If his home insurance (or yours if he lives with you) includes legal cover, they may be able to help.

But they are not paying him less because he is disabled? It is because he in on a different contract

As others have said, the key is why is he on a different contract. Once his company answers this question, it will be easier to know where to go next.

Where's the evidence he's paid less because he has a disability though?

He needs to get his contract out and check his pay offer. Then he needs to negotiate a better pay deal.

And I'd be looking for a new job anyway.

Are the others full-time? It’s quite common for full-time workers to be paid an overtime rate for working additional days, but part-time workers only get their normal rate unless the extra takes them over full-time hours. Could it be that?

Sorry - I missed the fact that he is part time. If he is part-time, he is not entitled to overtime until he has worked the same number of hours as a full-time employee. If the other employees involved are full-time, his employer is probably in the clear.