I risk losing my job

I've been having problems at work since a change of management. To start with, the team I worked with has been cut down one by one to just me, while retaining the vast majority of the workload. Deadlines have been tightened and expectations have never been higher.

I also have to appease managers who are based in a head office in another city, while also meeting the needs of my colleagues in the site where I work on a day-to-day basis.

After an incident where management claim I had conducted myself inappropriately but my colleagues insist I had done nothing wrong, I have started to feel intimidated by the management, regardless of their intentions on any given day. While my colleagues could easily see I was on the spectrum, management refused to believe this was so without a formal diagnosis, which I have obtained towards the end of last year. 

After being given increasingly daunting tasks, failing to complete them in a "reasonable" time frame and being diagnosed with depression, my communication skills have been cited as where I fall short; skills a person on the autistic spectrum disorder such as myself typically has difficulty with, especially when they feel uncomfortable.

On top of this, my coping mechanisms have been deemed "inappropriate" by the branch manager, who has banned me from meeting with the people I trust, who for just 15 minutes a day, could encourage me to give my all to my work. Without them, I'm a crying, screaming mess in a store cupboard who has to come out only when required and put on a brave face so as not to upset people.

Due to my increasing failure to meet standards, I have been put on a capability review and I face losing my job.

I am currently looking for a new job, which I hope to get before I am inevitably fired, but I would be grateful for any advice.

  • You seem a bit unsure yourself, so I'd say keep detailed notes and statements in case there is a pattern and it comes up in any proceedings.  I presume you were responsible for maintaining the equipment?  The cause might be inadequate training of the complainant or their confusion about how to use it?

    It sounds like you have investigated the technical problem and defended yourself from any unjust impression, so well done.

  • I'm pretty sure I'm being set up to fail. Someone has emailed me (with my line manager CC'd in) to ask why an important item of equipment wasn't working for a presentation.

    I've responded to his email, CC'ing in my line manager and union rep, and my union rep (who was at the presentation) has reminded the complainant that he was demonstrating the equipment to a visitor at the presentation.

    Would this be an example of valid evidence (not necessarily of discrimination) that someone's making things up in an effort to get me into trouble?

  • Yes it can, and you can make an Employment Tribunal claim whilst still employed by the employer who has discriminated against you. Here is some more information about disability discrimination:

    https://www.citizensadvice.org.uk/work/discrimination-at-work/

    If you think you might want to make a claim, or you just want more information about it, then Citizens Advice can advise you on this for free, or of course you could consult an employment solicitor (some of whom will offer a half hour free initial appointment).

    Don't worry about asking questions - I can’t say I understood much of the relevant laws myself until I brought an Employment Tribunal claim.

  • I've thought about resignation, which does have the advantages you've outlined, but I have a mortgage to pay off, so I need to make sure I have a consistent income until it's paid off. I also don't want to put my family through an eviction.

  • Can disability discrimination occur without being dismissed? I'm sorry if that sounds like an obvious question, but I never know with legal nomenclature.

  • That’s not correct, see here:

    https://www.gov.uk/dismissal/what-to-do-if-youre-dismissed

    You can claim disability discrimination alone before that time, but there are time limits for doing this (usually 3 months less 1 day from when the discrimination occurred.

  • If the dismissal is based on discrimination, I think the period of employment is not an issue. That is my understanding.

  • Sounds all rather familiar, which tells me when people say that this only happened in that one place for that one boss and I don't need to worry that it may happen again then they are really quite wrong, it seems to happen in pretty much the same way in lots of places actually... 

    Anyway, I just wanted to say, other than letting them sack you you can also resign. Guess it depends a lot on circumstances, especially on how likely it is that you get another job, your financial situation etc., but if a new job is reasonably likely (although this is hard to judge when being in that situation) your chances may be better if you leave, it may also limit the damage they are causing to you a bit. There are lots of reasons why you may not be able to do this though, so I'm not saying that's the way to go, just that it may be an alternative. 

  • But it does to unfair or constructive dismissal, which is what you had referred to.

  • The two year rule does not apply in cases of discrimination.

  • If they ultimately dismiss you or constructively dismiss you (meaning the conditions get so bad for you that you quit), if you have a lot of evidence, you can take them to the employment tribunal, or at least get a good settlement offer.

    *If you have been employed by your employer for two years or more.

  • Because of a similar situation in my own life, I have recently been forced to become very familiar with the equality act and workplace discrimination, etc. so I can perhaps give some practical advice, should you want to ultimately take this further. Keep in mind though that I am not a legal professional.

    First of all, make sure all information is recorded, either in wiritng or in a sound recording. If you don't want to actually record meetings, keep a copy of the minutes, or send an email to your manager after each meeting with a summary of what was said.

    Next, you have the right to ask for reasonable adjustments. It is illegal for your manager to deprive you of this, and there is no way they can use any excuse for not letting you meet with people you trust during the day. Make your request in writing and get proof of how they reply. There are a lot of templates online for such a letter. Just search for "reasonable adjustments template letter" or something similar.

    Also, try to find out what exactly is expected of you with regard to workload, etc., and compare this with what it states in your contract and also with any previous written evidence of what your workload used to be before the change in management. It's not reasonable for them to expect more from you than previously unless your job title has changed.

    You have a right to be evaluated in your work performance fairly and without being criticised for any disability. If you really believe that they won't change, try to get as much evidence as possible that the reason you are failing to meet standards is because they will not make reasonable adjustments and/or that they are judging your performance based on your disability.

    If they ultimately dismiss you or constructively dismiss you (meaning the conditions get so bad for you that you quit), if you have a lot of evidence, you can take them to the employment tribunal, or at least get a good settlement offer.

    Good luck.

  • I have also E-mailed the all party of MP's who are concerned about autism, about my rights at work, they are found in the campaigning section of 

    The APPGA is a cross-party group of MPs and Members of the House of Lords who work together to push autism up the agenda in Parliament. The National Autistic Society performs the role of secretary to the group.

    You can join the Distribution List and be invited to APPGA meetings by emailing appga@nas.org.uk.

  • I'd not heard of the Autistic Rights Movement. I'll definitely look into their organisation.

  • I have just been laid off sick with stress after working for years as a teaching assistant but when my diagnosis came out that I was on the 'Autistic Spectrum', they would not give me a contract as I could not cope with the 'varibiliities' in the school.  I was made to cope in the last few weeks with very difficult children.  Previously I had left unable to cope with the stress but they wanted me back, saying they would support me.  I have notified my psychiatrist who gave my employers a letter and my Union.  I have recovered enough to put a case against them and will apply for 'Industrial Injury'.  Now I am back on anti-depressants I feel I can cope with them.  Do we have a discrimination act or not, citing 2010 and 2009 for Autism.  I have also contacted Autistic Rights Movement.  So stay strong, contact your Union and a support group locally.  Employers are not following the law, if they are laying off autistic people.

  • I'll look into these. I hope they're active in the UK.

  • That's alright. I posted a similar message on the other thread, but I've replied to your reply on that one first, but I will look into the equality act as you've suggested.

  • I hope it's OK to repost my brief response to you from this thread.

    Sorry to hear you've been treated badly by incompetent management. Your 'coping mechanisms' sound reasonable and positive for the organisation. Are you a member of a union? Have you considered putting in your own grievance - presumably you could city Equality Act provisions, and suggest a way forward suitable for you.

  • What does 'team player' even mean? Isn't it one of those daft generic phrases that goes with 'work on your own initiative'? Can you see what needs to be done, and find the right person to do it, or do it yourself? If you're not a team player, does it mean you're putting your own status above all other considerations?

  • There are a few companies mostly focused around employing or finding employment for autistic people: Auticon, Specialisterne and Autism Works.  It's mostly in the area of IT and big data, as that's one place where autistic people have a reputation for excellence, but I'd hope the same idea would work generally or in other sectors.