Totally Rotten Sick Twisted World

Contractors will just make a mess and then leave. It is unlikely they will transfer skills, because it is not in their interest to do so. 

If you are on a performance review plan (or something that sounds similar), here is what happens next:

You will be given something to do, and a timescale to do it in. Somehow, they will extract from you an agreement that the timescale is reasonable. 

Your progress will then be monitored closely, perhaps with a daily meeting with your manager, where you review the progress made over the last 24 hours. Your manager will keep written records of everything he/she says and your responses. 

If you successfully deliver what has been agreed, they will continue to monitor you closely for a period of time. It will be a bit like probation. 

If you fail to deliver the agreed work in the agreed time they will terminate your employment, and you will be escorted off the site. 

A performance review plan is actually "gathering evidence to fire you", under the guise of, "supporting your return to the required level of performance". 

It may be worthwhile making the following observation to HR (it won't save you, but could sow some seeds of doubt):

"If my performance is unacceptable, either I was like this before you hired me, in which case your recruitment process failed and the hiring manager is at fault, or alternatively I was performing acceptably when I joined the company, but working here has made me this way..."

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

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

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

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?

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.

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

Examples

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

Requesting adjustments

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.

• Think about how your health impacts your ability to carry out your job
• The issues you identify could be around your work routine, the way you do the work or work environment
• Think about changes would help address the issues
• If feeling comfortable, ask to meet with your employer informally to discuss changes that would be helpful for you at work
• If you have a Career Coach they can help you identify sustainable adjustments for you and can liaise with your employer on behalf if necessary. to start the conversation. They can also attend meetings with you and your employer

An Access to Work grant helps pay for practical support if you have a disability, health or mental health condition so you can:

• Start working (16+ hours per week)
• Stay in work
• Start your own business

100% funding available at job start, employer pays 1/3 if already in employment)

• Special equipment and adaptions to your workplace. Or the cost of moving your equipment.
• Fares to work, if you struggle with using public transport
• An on the job, job trainer to support you to learn the task
• A support service, if you are absent from work due to your mental health condition
• Disability awareness training for your colleagues
• A communicator for your job interview

How to apply for Access to Work

Apply online: https://www,gov.uk/access-to-work/apply

Telephone: 0345 604 3349 (Weekdays: 9am - 5pm)

E-mail: dwponline.helpdesk@dwp.gsi.gov.uk

Further information:

Disability Confident:

https://www.gov.uk/government/collections/disability-confident-campaign

The Mindful Employer

http://www.mindfulemployer.net

Business Disability Forum:

http://www.disabilitystandard.com

ACAS:

http://www.acas.org.uk

Hope this helps and not too much apologies in advance if this did not make sense.

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. 

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 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

Random

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.