Discrimination, temporarily gone

No problem.

There certainly are employers who will make adjustments as I described - both of my current employers did and I know of others who had adjustments made for them at interview. Do remember that employers are legally bound to make reasonable adjustments for disabilities. If an employer refused to do so it would be illegal, but would also indicate to you that they’re unlikely to be supportive of you in the long run, and thus it wouldn’t be wise working for them anyway.

I am so sorry to hear of your situation - I do know through personal experience what it’s like. You could try looking for another job whilst still working where you are now to ensure you have an income.

Or, if you really don’t feel able to leave then how about putting some more pressure on the for adjustments e.g. put to them in writing what you require, set out their legal requirements, and ask for them to respond in writing telling you what adjustments they make. Then ask for dates of implementation in writing. That would make it very difficult for them to refuse you any adjustments because you could use the correspondence as evidence against them in a legal case. Another thing to consider is asking for a workplace assessment:

http://www.autism.org.uk/professionals/training-consultancy/employment/assessments.aspx

Thank you very much for this post!

I would definitely prefer to give written responses instead of spoken and more time to be given for me to answer questions.

If I would need to answer to them then I would prefer questions to be yes/no questions only.

I would definitely prefer to get the questions in advance of the interview, so that I could prepare answers and then read them out during the interview. This would very helpful.

I would prefer for the questions to be reworded so that they are simpler to understand/process.

I might be interested in a work trial instead of interview.

Thank you very much for the ideas.

I have also looked for pictures of the people online so that I will know who they are when I see them.

Thank you for the long post. It was is very helpful.

I am just wondering, in real life, are there employers out there who are happy to do these adjustments?

I am really sorry but I have not seen myself any employer in real life who would be happy about this and would be happy to do them.

Unfortunately, I feel that I am torturing myself everyday by working in the environment that is not suitable for me. I know that it is not worth it for my health but I have no choice. I need to keep my budget in balance. Otherwise, I will not be able to pay the bills and I will get other problems.

My health now is much worse than it was 4 years ago and it is still slowly going down.

I know that it time to say goodbye to them but I really need to know where I am going to. If I simply leave, I will be completely stressed out and enormously anxious about keeping my budget in balance.

With regards to difficulties with job interviews, there are a few options in terms of reasonable adjustments:

1) You can ask for a work trial instead of interview.

2) You could ask to give written responses instead of spoken.

3) You could ask for questions to be yes/no questions only.

4) You could ask for the questions in advance of the interview, so that you could prepare answers and then read them out during the interview.

5) You could ask for questions to be reworded so that they are simpler to understand/process.

6) You could ask for more time to be given for you to answer questions.

Of course, there are many more options in terms of adjustment requests, but I tried to detail ones that would help with your specific issues.

For me personally, when preparing for an interview the following helps me:

1) I make sure I know everything I can about the company, the job role and the people interviewing me beforehand. It may sound a bit odd but I specifically look for pictures of these people online so that I will know who they are when I see them.

2) I will do a dummy run prior to the interview date, where I will travel to the place of interview in order to check timings, parking facilities, where I am supposed to go, how busy it is etc.

3) I disclose my Asperger’s upon applications for jobs, that way I know that anyone who has invited me to interview is not bothered by the fact that I’m autistic. Further, it means I can ask for adjustments at interview and those interviewing are aware that my peculiar answers/mannerisms are due to my autism.

4) I found that applying for and interviewing for jobs that I knew were below my skill set helped me to be more confident about the whole process. I realise it’s not always advisory to do that, but it hasn’t cost me in the long run - I started in one temporary role on minimum wage, but after three months I was offered a permanent contract with a higher wage and more fitting for my skills. Sometimes it’s easier to sell your skills after the interview...

5) Knowing I had applied for a job with an employer who fully understood autism. This one isn’t easily done, but it really helped me - in the interview they changed some of the questions to help me, without me even asking them to!

Sorry to write such a long post, but I hope that some of those things could offer you some assistance with your difficulties. Of course it’s your choice if you try to change jobs or not, but I wouldn’t advise torturing yourself on a daily basis by working in an environment that is difficult for you - it’s not worth it for your health. So if your current employer won’t make adjustments or help you in any way despite clear attempts to get them to do so, I think it’s time to say goodbye to them.

Thank you for your kind words Lonewarrior. I am sorry to hear of your own battle for justice, but I’m pleased to hear that you got a good outcome in the end. It certainly is very taxing to have to constantly fight such a battle, particularly when you just want what is fair and right.

You may have noticed that I have a quote on my profile background from George Orwell ‘The further a society drifts from the truth, the more it will hate those who speak it.’ I believe this is accurate and reflected in the suffering myself, you, and others have had to endure purely for telling the truth and wanting honesty. It’s appalling.

Whatever happens in my case, and whatever I lose, I agree with you in that at least I don’t have a guilty conscience and I know I tried my utmost to get justice. That is something that matters - I’m the bigger person than them. Further, I will continue to fight for reforms to the Employment Tribunal system, and other areas I see injustice, in the hope that I can help prevent others from experiencing what I have.

My very best wishes to you. Clearly you are amazing too given your own experience! ()

I wish I had more supportive employer.

The problem is that job interviews is a huge problem for me.

They are extremely stressful. I become extremely anxious.

The best I can do is say Yes and No. It is extremely difficult to process the questions. I cannot think and focus properly.

The job interviews are horrible experience for me.

Thank you Mandy, I tried my best for what was right. Money and wealth has no meaning for me apart from that it creates evil and sadness, 

()

Sorry to have read your story. I can feel your hopelessness. Being an empathetic person as you seem, I guess you would have had the hardest time of all involved, since there is no pain like fighting for someone else's happiness. I wish you were my bother. Your sister is lucky to have you!

Hi NAS36609. So very sorry to hear your story.  

I had a three year battle with solicitors in respect of my late mother’s estate.

I spent many hours every night researching law, trying in vain to stop the injustice of a sibling who sought to take control of the only asset left which was a home. 

It was never about the money for me, it was about my younger sister who had lived there most of her life, we had all moved out leaving her to look after my father and mother as well as bring up her two children on her own. 

She should by rights have been allowed to keep the property. She after my fathers death paid the mortgage, she had cared for him for many years as  he battled with cancer, she then looked after my mother who was very ill. Unfortunately my mother had not made a will. And my sister had not sought to have her name added as paying the mortgage, all she had were payments into my mothers account from her account.

It became a battle between me and his solicitors, three years on they finally pulled out the big guns and took it to  high court.

It was finally dealt with, his legal costs were taken from the estate before it was divided, there were four of us to inherit. 

I was the hunted, always having to fend off the constant barrage of letters from his solicitor. They were playing games with me. I always fought my corner with no legal help. I could not afford any help.

Each time a new letter arrived I found a way to stop whatever it was they were attempting to do.

research and grit and determination kept me going. Injustice and greed were not going to destroy what my parents had taught me, They taught me honesty. Respect for others and that greed was never an excuse.

I like to think my mum and dad look down and say well done son you did all you could to make things right for your sister, it cost me my health, but it was never about money or possessions it was about greed from him. 

Long story, condensed, but I wanted to show how I felt, how I was treated as an annoying flea, the legal system is not on the side of the poor or honest.it is for the rich manipulative and greedy.

 I do not regret the endless sleepless nights, the feelings of dispair at always playing catch up. I did win. Not the property, not wealth as his legal costs put a massive dent on the final-share out. 

I sleep very well at night. Wether he does now he has lost his family I don’t know?

I lost two sisters as they gave in to him and decided to roll over and take the money. I refused on the grounds it was morally wrong. 

It was an evil thing to do against his own, he was the only one with any wealth amongst us, 

Anyway the above is confused and not complete but it proves that law is an act, a performance, the legal people often work together regardless of the client, well the lesser client, money talks, and the rich often win. 

I really hope you get closure in whatever way you decide.

 I really feel for you. What happened to you should never be allowed to happen again.

Also to Mandy, a massive thank you for trying to  help  Nas36609 , You are both amazing people. 

My heart goes out to you. Take care and you will be in my thoughts, () ()

I agree with Mandy - if the employer is causing you such discomfort in work then it’s time to find a new job with a more supportive employer. It’s hard to change things and leave a job you like due to such issues I know, but trust me when I say that finding a more supportive employer and comfortable environment makes a world of difference - I know because I did it.

As for the Employment Tribunal, if you want to make a claim that is your choice, but please make sure that you understand the likely prospects and outcomes well before you tangle yourself up in any of that, as it can get very messy, costly and unrewarding (see above).

You might wanna consider applying for a new job as well, since the employer have already refused you a solution. All you can get now (or not, as we concluded here) is money compensation. You still need another job if you are going to be happy.

As far as I’m concerned, the system doesn’t serve the purpose it should - bringing justice for employees that have been wronged by their employer. In fact, if anything, I think it helps employers to wriggle out of and cover up their misdemeanours. Which, as you say, allows employers to go on continuing the same poor behaviour. Backwards!

I have concluded that the only way to truly cost the employer in my case is to make the entire matter public. That though would have implications for my own health and privacy, which I’m not sure I can endure currently (my state of mind has been very fragile since the employer’s poor treatment of me, and other’s opinions about the matter being added to the mix could tip me over the edge). You just can’t win!

Thank you for your thoughts for me regarding this - it’s good to know that I’m not alone in feeling that all of this is terrible and that I didn’t deserve any of it.

But I can't stop feeling terribly bad about your situation. It really hurts me to read your story. I am gonna continue hoping that it will all be ok for you in the end.

.

If my claim was reinstated then that would mean it would go to a full Employment Tribunal hearing of my initial complaints. I was informed today however that the Employment Tribunal have struck out my claim, so that won’t be happening...

Both myself, the solicitors for both sides and one of my employer’s directors signed the settlement agreement. We were supposed to have a discussion, followed by an apology, after which I would sign a certificate confirming I would not claim breach of contract/personal injury etc. arising out of the apology, and once the signed certificate was received by my employer’s solicitors they would pay me the agreed sum of money.

However, as the discussion and apology didn’t take place due to the director of my employer refusing to comply with the terms set out in the agreement, that meant I couldn’t sign the certificate to get the money because then I wouldn’t be able to claim breach of contract against the other parts of the agreement. In effect, the employer would reduce my settlement agreement to a payment of money only, even though that’s not what was agreed and not what was most important to me.

It is realistically impossible to make sure you don’t end up in the same scenario, other than refusing to accept any settlement agreement. That opens you up to other problems though, as above. If you agreed only for a payment of money, and it wasn’t paid, then you could easily claim breach of contract but this would mean further legal proceedings and more legal costs to pay which may ultimately render the settlement sum pointless. If there are any other terms then you’re pretty stuck because a civil court can’t put a value on things like a discussion or apology, so you would get nominal damages at most (a very small sum of money).

I realise given the above that you may wonder why I ever settled my case. Well, that was 1)because my mum has serious health problems, was unwell at the time of the hearing, and I was very concerned that the 5 days cross examination of me then her might literally kill her, and 2) my solicitor had advised me that if the settlement agreement was not complied with then I could bring my claims back before the Tribunal (which turned out to not exactly be true, unfortunately for me). I could claim negligence against my solicitor for this, but I know it wasn’t done deliberately and I don’t have the energy for such a claim.

I will now look at other options including breach of contract, my obligations under my settlement agreement and trying to somehow agree with my employer to have the discussion and apology as detailed in my settlement agreement. What a mess!!

I am thinking about the Employment Tribunal as the employer is refusing to put adjustments in place. I am in an open plan office which is horrible experience for me every day. I am unhappy there. I cannot focus. I can only think all the time about how to escape from this.

And "reinstate" - does that mean it is all taken back to the start as if the settlement never happened?

Oh, gash! I see the problem. It becomes a completely different issue, not covered by the Tribunal. 
I am terribly sorry for what you have been going through, and still is. if there would be anything I could do to help, then I sure would.

May I ask how they could just "not agree" in the end? What can others do to make sure to not end up the same? 

You can’t argue a settlement simply isn’t reasonable - once you’ve signed it it’s legally binding. My former employer’s behaviour in not complying with it certainly isn’t reasonable, but this is a matter for a civil court as opposed to an Employment Tribunal. Therefore, if I try to get my claims before the Employment Tribunal reinstated, they could argue there are no prospects of success and as such my behaviour is unreasonable and they should be awarded costs.

It’s all very confusing I know - I did say my experienced solicitor hadn’t come across such a scenario before!

The link is saying that if you choose to take a case to a hearing and are awarded less by the Employment Tribunal than you were previously offered in settlement, then your employer has a basis for arguing for costs against you. It doesn’t mean they will, or it will be awarded, but it is a risk. Further, the Employment Tribunal is known to have ruled that way in the past.

I could only claim back legal costs if I made a breach of contract claim in the civil courts. Further, I am not ‘on the safe side’ unfortunately - even if I claimed breach of contract I wouldn’t get more in money from the settlement than I have paid in legal costs and the rest of the agreement cannot be enforced. Therefore, my two year Employment Tribunal proceedings would leave me with only lost money and wasted energy. That’s why I want my claims reinstated, but that’s a very difficult thing to get.

I could claim costs against them in a civil court, but not in the Employment Tribunal. Because breach of contract is considered a civil matter, not one for the Employment Tribunal, it is rare to ask for reinstatement of a claim due to non-compliance with a settlement agreement. That in itself can be reason the my former employer to argue for costs against me:

‘A claim or defence to a claim made in the proceedings had no reasonable prospect of success.’

The strength of the initial claims brought becomes irrelevant unfortunately.

Costs awards are rare in general, but the Employment Tribunal has form for awarding costs when an employee is awarded less than the Tribunal than offered in settlement, and where claims have little to no prospects of succes but are brought anyway. Also, you have to remember that the vast majority of cases settle, and therefore there would never be the opportunity for costs to be awarded in most cases.

If the employer did not comply with the terms of the settlement agreement, then they are in the wrong, and it should be possible to claim costs against them. If just one clause in the settlement agreement was causing a problem, then the rest of the settlement agreement should have been followed, and there should have been a clause in the agreement stating this.

There was a case in which the self-represented claimant was ordered to pay the legal costs of the employer, but that was because she didn't properly present her information in a detailed way and because they wasn't prepared for the hearings. https://www.bpe.co.uk/why-bpe/blog/2016/12/when-employers-bite-back-costs-awards-against-claimants/

According to that webpage, it is very rare otherwise for the employer to be able to claim costs, especially from a claimant with no legal representation.

From what I have heard and read, the tribunal can see through all the tricks that employers, and their legal representatives, try to play in tribunal cases, so I would say that you should continue to fight them, and, given that they didn't live up to the agreement they already made, you should add that to your claim as well. That's what I would do, anyway.