Advice needed for indirect discrimation at work

L

liberty_lee82@hotmail.co.

New member
Hi,

I don't know if I'm doing this right. But I'm hoping someone can offer me some insight or advice. I'm autistic and I work in retail. I never made it past 3 years in previous jobs because I wasn't diagnosed and people didn't understand why I appeared to challenge everything. Years later I realise it was becuase I was seeking clarity. I've had my current job for almost 7 years and for the most part, it's the best job I've had. I was diagnosed at 34 just as I started my new job. When I first started with this company I let them know I was autistic and they didn't seem worried by it and left me to it, which I assumed was a good thing. Cut to the present and they have recently appointed a diversity officer and are proud of having and diversity and inclusion policy. However, this coincides with them cutting our hours down so that I am left to lone trade for an hour at lunch. This causes me to feel anxious and overwhelmed, not helped by the fact that my store is in a high risk area. I spoke to my manager who has been with us for 2 years and she's understanding to a point, but doesn't feel able to challenge higher up because they say they have cut hours to save money and effectively our jobs, in the long term. Unfortunately, I don't care about that, they've saved lots of money by cutting hours across around two hundred stores, so my thoughts are; surely they can spare 8 hours to ensure I don't have to lone trade and make me feel less afraid and upset at work.

I am thoroughly miserable. I have also several other mental health diagnoses which I have made them aware of, including depression, anxiety, ocd, ptsd, agoraphobia. These all play a part in how I feel with lone trading. I have sent emails to our hr department who advised me to speak to my area manager. I do not feel able to speak to him, he is not understanding in these areas. Also, I feel unable to make that initial contact. The hr team reckon they have no power to give us extra hours, which I suggested as a reasonable adjustment, which I know is rubbish, of course they have more power than an area manager. I then spoke via email to the diversity officer who again, referred me to the area manager and said she's sorry to hear I feel rubbish. I told them I feel like they're indirectly discriminating me by expecting me to lone trade like other staff, when I'm not like other staff, and they basically ignored that. I am begging them for help and assistance and they're barely bothered. And I just don't feel at all able to speak to my area manager, and my manager is unsupportive in that regard. She doesn't want to rock the boat. I feel so rubbish that I want to leave, I feel miserable every day, and unsafe and unsupported. As well as vulnerable. Last year I asked them to do a risk assessment on me and they did and my response was that I don't want to lone trade but no one seems to have taken notice. I want them to listen to me, to take note, but I don't want them to use it all against me and push me out. Ultimately I love my work and my place of work and my wages are good. But I can't keep on feeling stressed all the time. If anyone can help, I'd be grateful.
 
Do you have a union? Can you ask for a meeting to be set up via hr and get someone to be there with you to be your support when you speak to the area manager?
 
Hi, no I don't have a union unfortunately. A meeting would be a good idea, but the hr people at my company don't ever come out to stores unfortunately either. Usually in those types of meeting, you're only allowed support from someone that works for the company, but there's no one who is suitable for that role within my team or company that I know. I could ask my area manager to come to store but he wouldn't respond very well I don't think, he doesn't really do well with "worries" from staff, he doesn't have patience it interest in it and I don't believe he'd be able to understand. Plus I feel like in person he would tell me I'm OK and I would politely nod and smile because I don't do well in person with vulnerability. I appreciate your response and suggestion though, thank you.
 
You may start with Citizens Advice Bureau, the Equality and Human Rights Commission or ACAS to see whether your situation counts as discrimination. You could also try to talk to an employment solicitor to check and understand all the basis. Your employer would argue nobody asks you to lone trade, they simply reduced your hours and you decided to do so. Is that the case or have they actually instruted you to lone trade?

Once you fully understand your case, you might use this resource to prepare for a meeting https://advonet.org.uk/services/self-advocacy/

Be aware that the talk of discrimination could precipitate the scenario you describe 'but I don't want them to use it all against me and push me out'.

If you need more income, could explore other options than this lone trading?
Negotiate a work pattern so you could have an afternoon a week to do something else?
 
Hello,

Having been at the sharp end of similar situations I sympathise. I would be extremely surprised if there was any way you could make your employer listen to you. You are within your rights to request 'reasonable adjustments' to accomodate a recognised disability, and 'no lone working' sounds like a more than reasonable adjustment to me. However, the term is ill-defined and employers, in my experience, tend to hand wave away any request that would inconvenience them as unworkable. They're happy to help as long as it doesn't actually require any work, input or expenditure from them.

From this point on I'm going to assume your employers have malicious intent. I think that's a safe bet, but I might be wrong.

The demoralisation your feeling is part of how low-level employment works. Forcing someone to quit by making them miserable is called 'constructive dismissal'. It's illegal, but it's almost impossible to prove in court. In any case, this sort of thing isn't *quite* the same. You might quit, which they'd be fine with, but from their point of view they might also grind you down and break you to their will, which is also an acceptable outcome. Practically, your options are: 1/ cut your losses and leave and 2/ Fight. If you choose option 1 you should strive to leave with all the benefits you are entitled to. I'd suggest calling a meeting with your employers and suggesting they might want to pay to make the problem you represent go away. Go into that meeting with a good idea of what you're entitled to and a list of grievances. Make it clear that you are unhappy, it is there fault, and they will be getting off easy by simply giving you everything you're owed. If you fight, be aware that they will not fight fair. They will smile, listen to you, say they're on your side, and make things worse and worse and worse. Keep a record of everything - every piece of paperwork they give you and especially every verbal instruction they give you. Pay particular attention to when the paper instructions and the verbal instructions do not match. Write down the dates of when things happened.

Remember that you cannot be disciplined on the fly. You have to be given notice of any disciplinary process and you are entitled to have someone with you in the meeting on your side. Whether you choose option 1 or option 2, consider working to rule as a strategy. That means doing what your employed to do and nothing more. Clock out and leave the moment they stop paying you.

All of this is much easier said than done. It's difficult to be in a situation when people you know and have worked closely with are putting a smiling face on the process of grinding you underfoot. It can feel very lonely. Which is to say that I do not blame you at all if you simply cut your losses and run. Remember: it's not your fault. It's something that's being done to you and it sucks.
 
Contact your HR department, and request a Wellbeing assessment.
By law they need to write a report and then they will have to meet your conditions for healthy and balanced work and lifestyle.
You can always contact the Acas helpline for more advice.