'Aspie' told to go home from work last night; has received a text this morning saying he's sacked -for going home.

[WomanScorned]

I have no idea where he stands - can anyone point us in the right direction, please?

My son is 20, and has Aspberger's. Despite his extreme anxiety, he wants to work, and has been working in a discount store for almost a year. It's a crappy minimum wage job, only 8 hours contracted, but he averages 20-40. The set up is unprofessional; racist, homophobic remarks from the manager, wages late, hours changed at the last minute, staff notices with the f-word on, etc.

Last night he went in from 3-midnight, having been texted yesterday morning asking him to go in, even though it was his day off.

A new area manager arrived at 9pm and gave my son a task. According to my son, this man checked on him at 10, told him he wasn't working fast enough, and that he may as well go home. He had called over 2 colleagues to watch my son work, making comments to them over his head. So, he signed out and came home.

This morning, he received a text from the deputy manager, saying he has been sacked, but that she "isn't having it".

He's had only really positive appraisals, they appreciate that he keeps his head down and gets in with the work (he's always first choice for overtime/stock checks, for this reason) and he's well liked.

The job exacerbates his anxiety, the money is rubbish, and he would/could get as much on benefits. He's going to the GP today, anyway, to get his meds increased.

I feel really sorry for him,cast he's been awake all night worrying about his work record/reference. :-(

Speak to citizens advice/ACAS, he 100% has a claim for unfair/wrongful dismissal, with or without a disability. You have mentioned several serious offences that his employers have done so he should have a very strong case.

Re the union - I would imagine he was told that there is no union is because whatever shitty company it is doesn't recognise one. Nothing to stop him joining one though. Its possible to pay by direct debit so nameless shitty employer need never know he was in one until he needed it.

He's on his way home with a 2 week 'sick note' and doubled meds.

I spoke to a Disability Employment adviser, who we met with a few times a year ago. She has spoken to the store manager, who says the area manager has said that my son is to phone him at the start of his next shift (so unsupported). She is visiting us at home tomorrow morning to discuss options, including meeting with the area manager, with me and her present.

Apparently, the store has not been doing well, which is why the area manager was there. Looks to me like the unprotected, unskilled, minimum wage workforce are being scapegoated.

Meanwhile, he has a bit of breathing space.

Phone ACAS. He should follow through with a claim for being unfairly dismissed - I highly doubt the company policy is to sack someone with a disability via test message, with no warnings or right of reply, over a misunderstanding. (And I'm not sure it was a misunderstanding - perhaps the arsehole manager really did tell him to go home and meant it.)

Clearly he also needs to find another job in a much better organisation. But start off with ACAS first.

Check with ACAS or before he calls the area manager. He was sacked - does he still have the text message? - and if DS or you do not feel he will be able to deal well on phone with the man who got him sacked, then make sure that he has support in speaking about this issue. I was a union rep, and I wouldn't have wanted anyone who had been sacked to be meeting or speaking alone with the person who sacked them!

Your poor son! Sounds a horrid place to work.

Once you've dealt with the short-term issue of trying to avoid illegal dismissal, he really should be looking for somewhere better - sounds like he has at least one manager 'on his side' who would give him a good reference.

A few posters mentioned their local Sainsbury's seeming a good place to work - I'd second that with our local Morrisons, where there are several disabled workers; on 2 separate occasions I've overheard 2 different employees commenting that they liked working there.

Really wish people who don't know what they're talking about wouldn't give legal advice as fact.

With less than two years' service, he cannot claim unfair dismissal, however a dismissal will be unfair if it is for a discriminatory reason, or if it is because he has exercised one of a list of rights.

So if he was dismissed wholly or partly because of a disability, that would be unfair, but if his disability was completely irrelevant, that wouldn't be unfair.

Hope the meeting brings a solution for him, sounds as though they are backtracking anyway.

The deputy manager phoned earlier, but he panicked, so I answered. She said she just wanted to know if he was ok. I didn't tell her he was signed off; we'll do that formally tomorrow.

He has slept for a bit today, as he felt dizzy and exhausted. Probably due to the increased meds, either physically or psychosomatically (is that a word?!), tho I suspect it's as much the relief of not having to go in this weekend.

Will update tomorrow, after we've met with the ES adviser.

Good luck

Sounds like he still has his job. Having the advisor as his advocate must have made someone realise they can't just victimise him that way.

Hope he gets an outcome he's happy with.

Good luck! I can see this happening in my sons future as well as he would have interpreted it the same way.

Good luck to him.

Anyone can join a union; a company only has to recognise it if at least 30% of the workforce are members. But even if it's not recognised, a good union is a source of legal advice and support for individuals, and if you're dealing with a useless company, can be invaluable.

Let us know how it turns out WomanScorned, good luck.