Trouble at work.

Hi,

I am desperate for advice for my current work situation.

I love my job (Retail) but I struggle due to my disability which is Aspergers. Due to few meltdowns, I felt that is was fair to disclose my disability to my Line manager and Store manager so they could help me settle and provide support. Disclosure took place around 2 months ago, my store manager asked for details of the condition which I promptly did via some info off the web.

Upto now I have received no review or support and my meltdowns have continued due to my perception of being isloted, ignored and not taken seriously.

Early this week I was falsly accussed of harassing and assaulting a member of staff, the staff member put in a formal grievance. I was shocked because me and the accussed have never had an issue and no issue was brought to my attention during the shift.

I asked for CCTV to reviewed, which it was, store manager told me she was happy that no incident took place, therfore it is a false allegation. Should I put in a counter grievance for deformation ?

The store manager has now told me that I am still being investigated as some team members have come forward and said they afraid and feel unsafe working with me due to my meltdowns.

I feel now I am being punished for being autistic, but I also feel the store manager has neglected her duty of care to me and the rest of the team because she took no action after full disclosure.

I was put through a 2 1/2 hour meeting on Tuesday regarding the allegation with no offer of support or offered any witness for myself.

I have contacted HR department of my company but it is difficult to speak to anyone as the the phone line is not look after constantly, but the feedback from my store manager is that HR have told her to procede with an investigation using a manager from another store to interview team members.

What should I do ?

  • I am so happy for you! Treasure your job as this is rare for sure!

  • It is really wonderful to hear that the outcome was so positive for you. I am very encouraged to know that there are responsible and supportive employers. Take care. 

  • Thanks for the input, I really appreciate it.

    I like to report that this story has a happy ending.

    I was due in to work on Thursday when I received a phone call from my manager asking not to come intil later as the HR manager wanted to interview me, I was allowed support from a family member (which they didn't have to do).

    It was a long evening as everyone was interviewed and had their chance in private to air their concerns with the interviewers.

    The outcome was a detailed brief for everyone including myself to learn and communicate in better ways. My company commited to finding help from a recognized charity or organization to educate us all.

    These guys (women) couldn't be more helpful, to be honest I went into the interview expecting the worst and had my faith in humanity restored.

    I was very emotioinal and still am.

    Tonight is my first shift since Thursday evening, so wish me luck as it will be hard for sure.

    Thanks again for your input and to this organization (NAS) as it is them who provided the info for my employers to read before Thursday evening.

  • Hi. I know it’s seems away off, but once it is over and you can afford to, look into joining a union.  

    One option is to contact your local Citizens Advixe Bureau. Tbh it might be the best option and they can go through your issue step by step.

    All the best.

  • You can put a grievance in, but bear in mind if you have not worked with your employer your employer could dismiss you for any reason (probably on the grounds your position is untenable due to your 'behaviour') and you would have few rights in employment law.  They would deny discrimination and firmly turn the blame on you for any problems you have (this is I have found employers can be like), which is the last thing you want.  And a grievance would not necessarily halt any disciplinary procedures the employer is undertaking and may be put on hold by the employer until the disciplinary is over.

    So you will have to tread carefully.  You have to appear 'reasonable'.

    The first thing I would do is contact Access to Work.  Fill the form in online and they will contact the employer.  They will arrange to see you in the workplace, and talk to you about how you are affected.  They can then suggest adjustments.  This can include training for staff and a support worker for you.  I have a support worker paid for by Access to Work who is from a local autism charity, I see her for two sessions a month and she also acts as an intermediary for any problems - and believe me there have been many!  If Access to work think a support worker would be helpful, you could suggest a local autism charity or they would get one for you, probably from an organisation such as Remploy.  They can suggest, and fund, equipment for you to make your job easier, a rearrangement of your tasks.  They could also suggest things that may not cost money such as short breaks every hour and you having permission to go to a 'quiet space' to clear your head.  I know it sounds obvious, but the best way to avoid a meltdown is for you to not be presented with a situation that is likely to make one happen, so this really does need explaining to your employer with the help of someone else. Being autistic certainly affects me by being unable to express myself clearly in speech, and it may affect you in the same way on occasion.

    In my opinion the only people who are certain to gain from litigation are lawyers and the judiciary, so it is something to be avoided if possible. 

    You could possibly get a warning following the disciplinary investigation, but you should have the right to appeal.  Hopefully before that is sorted you would have had your support worker in place to help you.  You could also be put on a 'performance plan' where you would be expected to control your meltdowns, something which would be difficult because by their nature you are unable to control them.  You might even be put on a 'behaviour agreement' with the same aim, but you should press for an 'understanding' rather than a behaviour agreement, the understanding being on their part that meltdowns are part of being autistic. Above all, in any meeting with your employers, stress the Equality Act and that autism has co-morbid conditions such as anxiety, depression and stress, and your employer should have a policy to cover this - ask for a copy and look through it carefully, especially if it lists causes and symptoms of stress; in all probability the employer has failed to follow their own policy over this.  And likewise look through the employer's disability and disciplinary policies.  Only if it is deemed 'gross misconduct' could you be dismissed, although the length of time you have been employed could act for your employer if they did want to dismiss you as you would not have rights for less than two years service.

    As a final resort, you may have grounds for 'Early Concilliation' and finally an Employment Tribunal, but remember for these there are strict time limits and you must have sound reasons and there is probably only a small chance you would be successful.  The time limit for Early Conciliation is three months minus one day from the occurrence.  Your grounds may be harrassment (which to all intents and purposes is bullying against someone with a protected characteristic) and discrimination on grounds of disability, by failing to provide reasonable adjustments. It is extremely unlikely it would reach a final Employment Tribunal judgement, as in all probablility you would be offered a 'settlement agreement', which is a bribe or payoff to make you leave your job and give up the action.  And failing to accept this agreement could result in no job and no payout either.  Employment law is biased very firmly against the  employee.

    I do hope your employer is reasonable and understanding about everything in the end and things turn out all right.

  • Go through the company’s complaints procedures. If you have friends at work who will support, try to get them to help you.  The complaint would be on the basis of your are not getting the support or reasonable adjustments you need.

    They might say you haven’t asked, but your response would be to explain you can’t ask, that’s part of being autistic.

    At work, I have a friend who comes with me when times are bad with my Aspies.

  • Yes, I had a mentor two years back through Mencap, I tried last night to send an email last night but the email address through Mencap no longer exsists.

  • Thanks for that very helpful.

    My biggest decision is whether to  take my complaint higher up the company to CEO or a director or leave it then as you say use charities and organizations for advice or my both.

    What worries me if I go striaght to the top (nationwide company) then may end closing ranks on me and call me a trouble maker, I am torn.

  • I have a disciplinary meeting in a couple of weeks over absence due to different disability.  But I did the academic training to be a Barrister. So I know my way around the law. 

    Due to what I call “invisible discrimination” ie you create academic and personal qualifications that discriminate against but the privilege few. This then doesn’t meet the legal definition of discrimination.

    But good luck. 

  • This seems really complicated. I'm sorry to hear how difficult it has been recently. I think you did the right thing in getting the CCTV reviewed to prove that you were falsely accused during that incident. 

    There is some advice about work on the NAS website: https://www.autism.org.uk/about/adult-life/work.aspx

    It might also be hard for the store manager, because if she is not familiar with autism, she might not know what is the correct way of helping. 

    I remember reading somewhere on the internet that there are some autism mentors for adults in employment. Do you think you might be able to search for an employment mentor? I can't seem to find the previous website I read the information from, but I found this: http://www.autismforward.org.uk/mentoring/find-a-mentor/ You might be interested in doing more research in this area. 

  • On diagnosis I received a pack and it had list of groups that help advocate on your behalf. People like MIND and other disability groups. 

    Regarding a Solicitor look online and look for disability/discrimintion specialists. At worst all that is involved is a phone call. 

    I don’t know what store you work for but you are entitled to support and reasonable adjustments. 

  • Hi Creek,

    Unfornately I am not in the union. 

    Not sure how to start looking for a solicitor.

    Sorry what do you mean by disability advocates ?

    Thanks for your reply.

  • If you are in a union call the rep.

    If you are not, think about contacting a solicitor about disability discrimination.  

    Also go online and see if there are any disability advocates who can help.

    Good luck