Any redress for poor treatment by employer?

Hi, I suspect there is nothing I can do about this - but I am feeling frustrated and angry with an employer.

was diagnosed (aged 43) in 2016, and on the advice of my physician disclosed this to my employer. My hope was to get some management understanding of why I prefer working in certain ways. Worth noting, I am a high performing employee at a senior level, though (thankfully) without line management responsibilities.

The HR manager I spoke to about this, and to whom I supplied my physician’s letter, did nothing about this. (though obviously I was aware that no one had spoken to me about my working environment)

I discovered this in February this year when I went to our HR head (the previous manager, a freelancer, was long gone by this stage) to say that i was feeling guilty around working from home one or two days a week when I had major deliverables to work on and wanted to be free of distraction. Working from home is very common in the business, but without having a formal agreement to do this I was becoming anxious.

I flagged that I thought this could class as an allowance for my autism, but no - the company hadn’t acknowledged this.

I was told (in a genuinely friendly and informal conversation) that a next step would be a meeting with occupational health to talk about adjustments. 

It took five months for this to be arranged, and when I attend this interview, I’m told that it’s not a discussion about working environment, rather it’s a request by my employers to conduct a fit for work assessment focused on my mental health.

I spent 45 minutes being asked about such things as my family (is there any history of mental illness…), how I spend my free time with my wife and my son, and whether any stress and irritation in my work had impacted sleep, diet, etc. And obviously there were questions around medical history. There was even paperwork handed to me without explanation that wanted me to give access to my full medical records (I declined to sign these). Finally, after the ‘interview’ I was handed the form that I should have been given pre-interview to sign and say that I understood what was going on.

The final letter then answered the five questions my employers had apparently asked to be addressed, which were basically if I had a mental illness, whether I could carry out my duties, and if I was a risk to the company.

The answers were no, but to see this couched in a long narrative that I felt reflected me and my answers very poorly was very upsetting. As was not understanding what was happening to me and why.

I feel incredibly let down by the company.

From my perspective, I went to them more than two years ago to ask for help - they ignored this and then when I pressed the issue put me through an unexplained process handled in a poor way that I found intrusive and embarrassing.

I suspect the answer is “no”, but do I have any way to at least press the company for a written statement acknowledging that they have failed me, or to gain any kind of redress?

Parents
  • I would recommend seeing an Employment solicitor or Citivens Advice about this, as they would be best placed to advise what you can do in this situation. Certainly some of the actions you have described are very questionable and without wishing to panic you, companies will often ask OH about your abilities to do your job if they are looking at dismissal on capability grounds. Certainly, your employer is not appearing to be attempting to support you at this point.

    I would suggest putting these issues in writing to your employer (HR, Manager, or whoever deals with this in your company) and asking for a response from them in writing, with a given timescale. I would also do this with a separate letter requesting the reasonable adjustments you require (e.g. working from home), referring to the Equality Act 2010 and asking outright which adjustments the company are willing to accommodate, when they will be accommodated, which they won’t accommodate and why, how these adjustments will be recorded in your employee records and how often they will be reviewed. They might not like this, because it pressures them to comply with their legal duties, but it is perfectly reasonable behaviour on your part. Keep all of the correspondence, in case you need it for a later legal claim.

Reply
  • I would recommend seeing an Employment solicitor or Citivens Advice about this, as they would be best placed to advise what you can do in this situation. Certainly some of the actions you have described are very questionable and without wishing to panic you, companies will often ask OH about your abilities to do your job if they are looking at dismissal on capability grounds. Certainly, your employer is not appearing to be attempting to support you at this point.

    I would suggest putting these issues in writing to your employer (HR, Manager, or whoever deals with this in your company) and asking for a response from them in writing, with a given timescale. I would also do this with a separate letter requesting the reasonable adjustments you require (e.g. working from home), referring to the Equality Act 2010 and asking outright which adjustments the company are willing to accommodate, when they will be accommodated, which they won’t accommodate and why, how these adjustments will be recorded in your employee records and how often they will be reviewed. They might not like this, because it pressures them to comply with their legal duties, but it is perfectly reasonable behaviour on your part. Keep all of the correspondence, in case you need it for a later legal claim.

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