Having tough time of a tough time. Had meeting with Employer and my medical team, my employer asked to speak with my medical team. Which I agreed to in the spirit of being open and with the expectation that the discussion would be about my requested changes, with some discussion about my performance. Really angry with everything, I feel meeting was ambushed to set the scene to kick me out of the company. I feel my medical team would provide some support, but I feel they have made things worse. I have told my doctor that I am trapped at work, in that my skills are out dated so I am not marketable, so my best cause of action is to stick at work and gain the skills and experience I need to continue with my career with a different employer. My doctor in the meeting said well we aren't getting any where with frustrations and problems at work, and he can't progress anything with my mental health until that is sorted out. He also keeps asking me "are you working full time now", I have been working full time for years. Part of my reasonable changes was to work at home a couple of days a week, because I find the office environment difficult, they already think I am wasting time at home. Just hate this sick twisted world In the meeting I am given two options, either leave the company or undertake a months trial where I will be intensively and closely monitored which will be very stressful. There were several references to having the option to leave the company at any time. They wanted to be involved with my medical team because they want an indication as to whether I am fit to undertake this trial. Even if the trial is successful, I am told that the changes I have requested do not fit with their company plans anymore. They cited communication problems, but I don't know where they are getting these from, I don't have communcation issues with my peers. I do with this nightmare manager, but I am doing my hardest to not let that get in the way of my work, and suppressing a lot of anger that they are adding to the situation
You don't actually ask any questions in your post, so maybe you just wanted to vent and not get any advice, but I'll give you some anyway. I suspect that your manager wants to get rid of you and is taking steps to do so by sabotaging you and using your medical condition as an excuse. Something similar happened to me recently, and not for the first time. Eventually they will probably win. That's how it goes. Hierarchical structures are designed so that the higher ups get their own way.
However, it sounds as though you have a case for discrimination and/or harassment. Your employer knows about your condition and needs to take steps to make reasonable adjustments, or have a good reason not to. They can't get rid of you because of your condition and they also can't put you at a disadvantage, which is what this "trial" sounds like.
My advice to you is to get everything in writing. Ask for a reconsideration of the decision, and file a grievance against your manager based on your company's grievance policy. Record meetings (then you will need transcripts). If it gets so that you think you will lose your job, seek help from your union or get legal advice. There is the DIsability Law Service who might help you (I found them not to be very helpful, but you might have better luck). Do a Subject Access Request with your employer. That will show them you mean business and are willing to go to tribunal if necessary.
I suggest that you familiarise yourself with the relevant parts of the Equality Act, and also the Guidance on matters to be taken into account in determining questions relating to the definition of ‘disability', the Employment: Statutory Code of Practice, the ACAS rules regarding disciplinary procedures for employees (I know that you would have to have been given an opportunity to respond to questions about your performance, and it sounds like you weren't), and the company's own policies regarding forcing employees to undergo a probation period after they have been working there for a long time (I'm pretty sure that is illegal anyway).
Once you know the law and the rules, you can write a letter or file a grievance. Be specific about which rules and laws are being violated by their treatment of you. Keep any written reply you receive, and, again, record everything.
Also, I assume your medical team is from Occupational Health? If so, perhaps seek independent medical advice.
Best of luck and I hope the situation is not as dire as it seems at present.
Thanks for your reply, sorry for not being clear in my post, I am venting a lot, but I am not sure what to do and trying to reach out to get some advice on how to tackle the problems. Thanks very much for your advice. The medical team is the NHS team I am under the care of. My feelings at the moment is to raise a grievance with this manager, there has been loads of other stuff that has happened. I am isolated and am fighting depression and anxiety so thats where a lot of the negative emotions come from my post. I also feel betrayed and let down by my medical team
Sorry to hear that your doctor was so unsupportive and didn't understand.
Do you have any union representation? It can be a big help in a situation like this.
As DragonCat16 says, if you have a grievance against the manager, you may want to document things and go through the grievance procedure.
You could point out that the stress of the trial period could affect your health, although I wonder if it needs to be so stressful and you can turn it to your advantage. If you can just continue to work more or less as normal, it may find something in the system that isn't working so well, and you may be able to request a reasonable adjustment.
Could you ask that they are more specific about 'communication problems'? What kind of communication problems? Could they be referring to something like not raising issues with the manager? In which case, having an unapproachable, hostile or unresponsive manager would be al least half of the communication problems. Of course there are very many useless and bad managers who do little more than throw their weight around: www.theguardian.com/.../i-had-to-guard-an-empty-room-the-rise-of-the-pointless-job. Or is it some personal characteristic that is irrelevant to getting the job done?
Thanks for your message, I don't have a union representative
I will add some detail to try and express what they mean in relation to communication. It is based on the agreed reasonable adjustments over a year ago. These are:
- Where possible give as much advance notice of meeting agenda.- Where possible give as much advance notice of meeting (date, location. attendees)- Where possible and practical, minimise instant messaging communication and shift to email. - Communications need to be consistent; people with Asperger’s take things that are said very literally. This causes a problem when two colleagues give a different opinion, or the same colleague gives a different response at a different time. This often leads to overthinking and mis-interpretation of the intended communication
The comment from the Director is saying the business is changing and we need members of the team to be more collaborative. That conflicts with the reasonable adjustments. I can't let the company put you in a situation you will find more stressful, the company has a duty of care.
As for some background, the team consisted three members who have been working together like that for eight years. Things changed over a year ago with the new manager. As part of my work I also have to occaisionally communicate with other teams, which I have had no problems. I did have problems with instant messaging with this manager, overbearing, too often, unnecessary.
I will try and get some clarification from them on communication issues.
Hi there, thanks for taking the time to share this. I hope gradually things will improve. But, in regards to your post I am a bit confused. Nevertheless, am I right in thinking that you are talking about 'Your Rights at Work'.
In other words, reasonable adjustments to put in place to your satisfaction and that is sustainable?
Such as making changes to the building or premises where a person works.
Changing the way in which work is done.
Providing equipment that will help the person do their job
Reasonable adjustments can be possibly be implemented on a temporary, occasional or permanent basis.
Adjustments have to be reasonable, and you have to show that you are expecting substantial disadvantages.
Whether a change is accepted or not it depends on:
If the change deals with the disadvantage
How practical it is to make the change
Size of the employer, financial and other resources
Financial assistance available to make the change
A letter form a GP or health professional can back up your request for adjustments
Employer's can sometimes get financial help from the government's Access to Work Service
Morning medication ------ Allow later start time
Social difficulties ---------- Reduce customer contact
Returning to work --------- Graded return to work
Attending therapy ---------- Time off to see therapist
Role too pressurised ------- Reduce tasks in job
It is important that you think carefully about what would be effective for you, as no one knows what you need other than yourself. An employer should not try to identify adjustments to make without your views on board.
An Access to Work grant helps pay for practical support if you have a disability, health or mental health condition so you can:
100% funding available at job start, employer pays 1/3 if already in employment)
How to apply for Access to Work
Apply online: https://www,gov.uk/access-to-work/apply
Telephone: 0345 604 3349 (Weekdays: 9am - 5pm)
The Mindful Employer
Business Disability Forum:
Hope this helps and not too much apologies in advance if this did not make sense.
As a union representative, I would always advise someone who feels they have been treated unfairly to write a polite but firm email to their manager explaining how they feel and how they feel aggrieved.
This serves several purposes. It can show that you disagree with how you have been treated. It can put your point of view. And most of all, it can give some proof in writing. Your manager will respond to your email, which will also give some proof in writing. And it may, just may, clear the air a bit and your manager may begin to understand.
You can mention the ways you think laws have been flouted. You can list the ways your condition affects you and how reasonable adjustments can help negate this.
And then, if you receive an unsatisfactory response, launch your grievance. One thing which seems to be fairly common is for an employer to hold reasonable adjustments against an employer and use them as some sort of capability issue which seems to be the case with you. If this is the case, this there again is grounds for a grievance. Remember though that a grievance can be stressful and a lot of time the initial grievance is dismissed and you would then have to go to appeal. You may be able to go to an employment tribunal, but remember there are strict timelines in this and unless you are very strong your employer may then try to buy you off with a derisory sum perhaps then saying if you do not accept you will be put on an accelerated performance review plan (in other words you will be dismissed). Without union help you would stand little chance if this happens.
I receive help from Access to Work, and as part of this I am given a support worker who would sit in any meetings with me, which is a help. My employer/manager are under the impression that autism can be turned on or off and all that is required is a good talking to and threats of disciplinary action will change the behaviour or whatever the problem is. A common response from the employer is that the changes you require are not reasonable, but this is not for your employer to decide (nor you for that matter). Adjustments recommended by Access to Work will stand up in a tribunal as reasonable and as such your employer would be well advised to accept.
random said:my skills are out dated so I am not marketable, so my best cause of action is to stick at work and gain the skills and experience I need to continue with my career with a different employer
How would this work?
If your employer has you working on outdated stuff all the time, how do you foresee sticking at your current job as the best route to obtaining up-to-date skills?
Because they are moving over to very modern technologies as of now, with sub-contracters already on board to kick-start project and transfer skills. Was meant to start January, but is in pipeline within next few months
Trainspotter said:then saying if you do not accept you will be put on an accelerated performance review plan (in other words you will be dismissed)
Is this what has happened, I am as I am asked to go on "performance plan" I think there may have been another word mentioned "performance review plan"
Thanks for your message, trying to settle my feelings on this, but trying to read between the lines, my fate has already been sealed. A lot of what you say here resonates with my situation. I will follow up access to work, thanks
reasonable adjustments to put in place to your satisfaction and that is sustainable
Otis said:reasonable adjustments to put in place to your satisfaction and that is sustainable
Yes, thanks for your message