Disability Discrimination at Work

[ClaireSuzanne78]

Hi I don’t know if anyone is able to assist me but it feels like here might be a good place to start. I am trying professional who is experiencing significant challenges at work. It’s a long story, but for context I was suspended in May 2023. I have been unwell during this time also which has seen this suspension take longer than usual. I submitted two rather long grievances, with the help of my Unison Rep, just before Christmas citing Failure to Make Reasonable Adjustments and Harrassment.

As part of the ongoing disciplinary process, I have to attend an Occupational Health Assessment. The referral itself evidences a pattern of “ongoing discrimination” against me states my Unison Rep. I have to engage in this and in part wish to, to clear my name. However, my GP, and the service who diagnosed me with Autism and ADHD, are concerned about my employers conduct towards me and its impact on my mental health and emotional well-being. It’s important to note that early last year I was off work for 5 weeks with my mental health due to the delay to some, and failure to provide other reasonable adjustments which led to severe autistic burnout.

My GP and the service that diagnosed me feel I would benefit from an advocate who is knowledgeable in neurodiversity, and that this would be in my best interests.

Could anyone point me in the right direction please if there is such a thing?

Many thanks.

 

[Rahere]

There's two issues here: ignorance about the nature of high-functioning NeuroDiversity, and the Law. The Law always plays catch-up.
Your starting point is to use the Law Society to find you a solicitor near you specialising in employment and disability. Secondly, use the York Disability Rights Forum to guide you towards the most appropriate one from what will hopefully be a long and general list. The solicitor may or may not have experience in your diagnosis, and may need guidance in your specific case from other experts such as your Union Rep and psychological mentors.
The relevant legislation is the Equalities Act 2010, which you should work through carefully, ignoring anything which does not apply to you. Your Union Rep and a competent solicitor should be able to add case law precedent to this. The Statute Law is what it the Law says, Case Law is what it means on the ground, based on accumulated experience.
To add to the solicitor's brief, you'll need two things, firstly a medical professional's diagnosis of your condition and the impact of what happened to you on that - your Union Rep may have pointers here - and secondly an idea of the resolution you seek. The Law seeks amicable resolution by arbitration in the first instance, and you get brownie points if you've tried that, although there are traps on this path which may preclude further action if it doesn't come out as you hope. Be guided by your Rep and the Forum. If that fails, then judicial decision is a heavier format. Be clear and resolute in your mind, do you want your job back, somewhat transformed, or have they burned their bridges? Also consider the future impacts on your pension and unemployment rights.
Finally, good luck! I'm a legist appointed the Belgian Supreme Court, ratified by the UK Ministry of Justice in their request I serve on the beta test panel for the database underlying that legislation database. I'm not a qualified Lawyer in the UK, but have some residual Human Rights authority from the now defunct International Organisation I worked for. I'm ND with a diagnosis of mild high-functioning Aspergers, which I dispute, the evidence pointing towards a Gifted condition diagnosed as Hyperperception: it's possible the current furore involving Dominic Cummings was sparked by my actions.

 

[Rahere]

Just as a slight follow-up, the 1995 Disability Discrimination Act was repealed in favour of the relevant sections of the Equalities Act. It evidently set minds thinking about the bigger picture!

 

[dcx]

I think Unison should be supporting you in finding a ND advocate. I think your GP is right that that it would be helpful and might help constructively challenge your employer without putting them into defensive/combative position.
Unison tends to cover UK public sector, right? There are also a small but significant number of public sector employers who are trying to be welcoming of ND employees so I think it wouldn't be too hard for Unison to find one of their reps from a different workplace who could help you.

Also longer term I'd hope you could find a more welcoming employer - they definitely exist.

 

[Quirky Bird]

Hi I don’t know if anyone is able to assist me but it feels like here might be a good place to start. I am trying professional who is experiencing significant challenges at work. It’s a long story, but for context I was suspended in May 2023. I have been unwell during this time also which has seen this suspension take longer than usual. I submitted two rather long grievances, with the help of my Unison Rep, just before Christmas citing Failure to Make Reasonable Adjustments and Harrassment.

As part of the ongoing disciplinary process, I have to attend an Occupational Health Assessment. The referral itself evidences a pattern of “ongoing discrimination” against me states my Unison Rep. I have to engage in this and in part wish to, to clear my name. However, my GP, and the service who diagnosed me with Autism and ADHD, are concerned about my employers conduct towards me and its impact on my mental health and emotional well-being. It’s important to note that early last year I was off work for 5 weeks with my mental health due to the delay to some, and failure to provide other reasonable adjustments which led to severe autistic burnout.

My GP and the service that diagnosed me feel I would benefit from an advocate who is knowledgeable in neurodiversity, and that this would be in my best interests.

Could anyone point me in the right direction please if there is such a thing?

Many thanks.

@ClaireSuzanne78 I’m so sorry to hear that you’re experiencing this - failure to make reasonable adjustments and harassment are all too common experiences in our community sadly.

I have every admiration for you challenging this behaviour. I’m glad that you have the support of your Unison Rep. I hope that you manage to access the support of a neurodiverse specific advocate. Have you spoken to the Equality Advisory & Support Service? Have a look at their website. They may be able to advocate for you directly or signpost you to someone who can?

Please be very mindful of prioritising safeguarding your health during this process. As with many stressful events, adrenalin can get us through only to have us deal with the impact on our health once the stressful event has ended. Prioritising your self care and accessing support from your healthcare team and those close to you will go some way to safeguarding against any further negative impact on your mental health. Maybe a short course of counselling / talking therapies would also help you to manage excess stress caused by this situation and enable you to have a sounding board to process events in real time?

Wishing you every success in resolving this matter with as little stress and as quickly as possible. I hope that you receive the the justice that you deserve from the outcome. Please keep us posted with how you get on.

Sending warmest wishes and the very best of luck to you!