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 ?

Parents
  • 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.

Reply
  • 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.

Children
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