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It would help to have more information about this. In which city will the hearing be held, for example?
This is hugely relevant for me since I am on my way to trying to prove in the Employment Tribunal that I'm disabled and that my employer should have known about it.
I find it amazing that I had to endure several colleagues punishing me and making fun of me because of my autistic traits, and now the employer is saying that I should not be protected because they claim that I'm not disabled, which would essentially make all the mistreatment ok, even though they mistreated me specifically because of my condition.
I just wish that they would add neurodiversity to the list of protected characteristics, instead of including it within disability, thereby failing to protect people on the spectrum who don't quite fit the definition of disabled. The House of Lords put out a report suggesting this: https://publications.parliament.uk/pa/ld201516/ldselect/ldeqact/117/117.pdf (paragraph 57)
There's a reason why people on the spectrum have the largest unemployment rate out of all disabled people. Something needs to be done about all the bullying and unfair treatment. Employers shouldn't be allowed to seek the easy way out by claiming someone isn't disabled.
Please post here about the progress of the hearing. I'm sure I'm not the only one who will follow it with great interest.
Employers will always try and claim that you aren’t disabled in this sort of scenario, because if it is proved it immediately makes a claim of disability discrimination unviable.
As far as I can tell though, given the very traits that are required for a diagnosis of Autism, anyone who is autistic would meet the criteria for a disability under the Equality Act. I certainly had no problem proving to the Employment Tribunal my Asperger’s, depression and anxiety were all disabilities, despite my employer initially arguing that the latter two were not. Therefore, could you possibly explain who on the spectrum you think don’t quite fit the current definition of disability (I just want to understand and help you if I can)?
Address posted above along with the time and dates.