Mother of autistic volunteer says he ‘absolutely loved’ stacking shelves for free at Waitrose – before they ‘sacked’ him when family asked if he could be paid

The mother of a severely autistic volunteer who Waitrose allowed to stock shelves for free took to national TV to complain when she asked if she could be paid after her son was ‘made redundant’.

Staff at the supermarket in Cheadle Hulme, Greater Manchester, allowed 28-year-old Tom Boyd to volunteer after his parents and support workers approached them with the request four years ago.

He has ‘worked’ for over 600 hours since then; This led his mother, Frances Boyd, to request payment two months ago.

Bosses blame ‘head office’ for turning down Mr Boyd’s request after they became concerned about the amount of unpaid shifts he had and told him he could not work until they resolved the situation.

Now Mrs Boyd has revealed her son ‘absolutely loved’ his job and lied to him about the store being closed for cleaning to avoid telling him he couldn’t return.

The family is now investigating whether they can employ him at another supermarket; One chain is already coming forward and saying it wants to provide him with paid shifts.

Speaking from her £900,000 detached home today, Mrs Boyd told the Daily Mail she would not go after Waitrose for her son’s backdated wages, adding: ‘It’s beyond that.

‘It’s about young people volunteering. Waitrose apologized and said they were investigating the matter.’

A spokesman for Waitrose said work placements like Tom’s were set up with the collaboration of the individual and their family, often in partnership with a charity.

He said they were investigating Tom’s case ‘as a priority’.

Frances Boyd told BBC Breakfast that she asked Waitrose if her son could get paid hours.

Speaking about the incident, Ms Boyd told the BBC: Breakfast today: ‘He started at Waitrose because he was on a university placement. He started with an hour a week and over time he started to improve, as he progressed, he got better at it and got used to doing it and it all worked.

‘When he finally left university we asked him if he could extend it to two days, and he did. We thought this worked, so why don’t we ask Waitrose if there is paid work available?’

Explaining her role at the store, Ms Boyd added: ‘She was unloading stock from the warehouse, transporting it to the workshop, stacking the shelves, arranging the shelves, keeping everything in order and making sure everything was fully stocked.

He absolutely loved it. He loved that sense of belonging, the structure of going to work, the independence it gave him, and feeling like a working man.

‘We told him that he was a working man when he finished university and started finishing university, and he would say: ‘I work like my father and my brother.’

Ms. Boyd explained that she and her son were initially given hope that their request for paid employment might be granted.

He said: ‘They didn’t say no, which gave us the feeling that it was a possibility. There was no immediate ‘no’, so we thought ‘there’s a chance here’.

‘But then they said ‘get back to us, maybe we’ll hire in January and then we’ll look again’.

‘Time flew by and I think it went to head office in July this year because they couldn’t make a decision in-store without taking it to head office. And when the head office found out about this, the placement was stopped.’

When the placement ended, Ms Boyd said she struggled to understand why her son could no longer continue working at Waitrose.

He continued: ‘We had to make up some kind of story and say that the shop was being cleared temporarily, that he couldn’t go to work until they were cleared and then he could come back, and we just left it at that.’

Ms Boyd hopes shedding light on her son’s situation will expose the injustice she claims about volunteering for disabled people.

He said: ‘People like Tom have no rights under the Equality Act. ‘When you volunteer your job can end at any time and that really isn’t fair and we hope this is a lesson we can all take forward, learn from and make amends.’

Ms Boyd was offered legal support but said she would prefer she return to work at Waitrose.

Mr Boyd worked at the supermarket’s branch in Cheadle Hulme, Greater Manchester (above)

Waitrose’s move sparked criticism from charities such as Autism Action; Tom Purser, chief executive of these organisations, said: ‘Autistic people have the right to work in paid employment and to be valued and recognized for their efforts and labour.’

Jenny Hewitt, service manager at Daisy Chain, which helps neurodiverse people, added: ‘A properly supported apprenticeship could have offered Tom a vital stepping stone towards paid employment.’

The Boyd family also received an outpouring of support on social media; Many people wrote ‘Justice for Tom’ under posts calling for boycotts from Waitrose and others.

Doyle Clayton’s business partner, Emma O’Connor, said Tom’s position on employment law rights was ‘not clearly established’ because ‘the issues are complex and fact-dependent’.

He said: ‘The starting point for whether volunteers have employment rights is to consider whether there is a contract between the individual and the provider and also whether the individual has to do the work themselves.

While ‘workers’ are entitled to certain basic employment rights, such as statutory holiday, working time rights and protection against discrimination, they are not entitled to unfair dismissal rights, for example, under the Employment Rights Act 1996, because this is an ’employee’ right. Therefore the picture is confusing.

‘Under the Equality Act 2010, people seeking or undertaking vocational training (including work experience placements) are protected against discrimination by the training provider.

‘However, for volunteers and interns the picture is less clear and will depend on employment status; However, we do not advise employers to ignore the risks of claims under the Equality Act 2010, including the risks of sexual harassment.

‘As well as potential legal rights, there are also health and safety considerations as employers’ obligations to take reasonable steps to protect the health, safety and welfare of employees extend beyond employees.’

The Daily Mail understands that work placements like Mr Boyd’s at Waitrose are set up with the cooperation of the individual and their family, often in partnership with a charity.

A Waitrose & Partners spokesperson said: ‘We are absolutely committed to being an inclusive employer.

‘We work closely with many charities and employ people from a wide range of backgrounds, including those who need additional support. When we offer work experience it is always in good faith and to help people gain experience.

‘While we cannot discuss individual cases, we always need to complete our investigation before agreeing on the best solution.

‘This is already ongoing and we are in contact with the family and the charity to reassure them that we are working on this urgently.’