Published on 12, July, 2020
Good afternoon my fellow aspies.
I would like to speak to you all regarding something that i feel very passionately about.
This would be the impact that Autism can have in the work place on a social level.
I personally have experienced a great deal of friction in this area and it has had a significant impact on my well being. These difficulties have been ignored by my employer. This is an absurdity to me as it was my employer that paid for my diagnosis. The truth is that i would never have pursued a diagnosis had it not been for the impact that my Autistic Spectrum Disorder (commonly known as Aspergers) has on my day to day working life.
The difficulties i experience are many but the issue i would like to focus on in particular are the social issues. In a nut shell 'i am come across as arrogant, aloof and lack a sense of hierarchy'. Throughout my working life i beleive this has made me a target for bullying and harassment in the work place. It has caused me to leave a number of jobs (admittedly i had not received my formal diagnosis at these times).
For various reasons not dissimilar to those that have materialised in other jobs, i am now in dispute with my current employer. The difference here is that i have had my diagnosis and this was paid for by my current employer. Bizarrely my employer is now denying my disability even though they paid for the diagnosis.
What i have found utterly shocking however throughout this situation is not simply the ignorance of my employer. It is also my experience with the organisation we all know as ACAS. This is an organisation i turned to in the hope that they would assist me in resolving issues with my current employer. How wrong i was. To any of you that experience issues in the work place; please be careful when dealing with this organisation.
It is my understanding that this organisation is supposed to be impartial. My experience so far has shown to me that they are entirely biased in favour of the employer. Their involvement has also perversely affected the behavior of my employer also.
I informed my conciliator that i had Autistic Spectrum Disorder from the outset of their involvement. I offered to have someone from the NHS explain to her what the condition was. She was dismissive of the offer and claimed she knew exactly what it was. From this point onward i felt that she didnt take me seriously at all.
I do not want to go into to much detail about this case at the moment but i would say that she advised me to agree to all of my employers demands, was reluctant to communicate with me and at one stage told me 'i was paranoid, should go see my cousellor and should go for a walk to clear my head'.
I made a request to see her line manager and had to wait until the last day of the allocated conciliation time frame to speak to him. When i did speak to him, he explained to me that he was responsible for giving out Autism Awareness training to his staff. For a split second i found this comforting; that was until he then proceeded to tell me how autism and aspergers where to separate conditions. As i underdtand it, aspergers technically doesn't exist when it comes to DSM5 criteria. Correct me if im wrong.
Further to this, someone at ACAS has informed my employer that i had made a complaint (which i am certain breaches data protection laws). They have also told my employer that everything they have done (with regards to myself) will stand up to any 3rd party scrutiny. This beggars belief for me for the following reasons:-
1. They are supposed to be impartial.
2. They are not supposed to give legal advice.
3. They are not qualified to give legal advice.
4. How can they know what is correct regarding my treatment if they themselves are not properly educated on my condition.
I have since been in contact with a long lost school friend and amazingly he has recently been diagnosed and is experiencing similar social issues in the work place. He has told me that his experience with ACAS has been equally troubling.
What on earth is this organisation? Am i correct in assuming that as an arm of the government, this organisation should be subject to statutory guidance as set out in the 2009 autism strategy? If you have work issues and feel you have to turn to this organisation, i urge you to be very wary of them.
Try and bare in mind that we are actually very confrontational, we just don’t realise it.
This is precisely my point. I can be like this in the work place and it should be taken with a pinch of salt. This should not be a reason for them to harass and bully me. The whole purpose of my diagnosis was to indentify this as an issue.
If you really want to continue doing this job, for whatever reason, then stand your ground, for sure. Even if you win, it doesn’t mean you have to stay there. Follow your heart and look after yourself and get some support if you can. Good luck
So it's obvious they want you gone - but do you really think you can win in a tribunal? Even if you win, the award may be peanuts.
I've been in your position - I chose to smile and grab as much training out of them as possible while sorting out better employment elsewhere.
I don't want to sound negative, but the reality is much bigger than your anger.
That’s a very reasonable and valid concern to bring to the table, that you are concerned that all these new measures they want to introduce will lead to reasons for them sacking you, you think they are going in a round about way to sacking you. That’s a very valid point and it’s even better that you’ll have it documented as well, if you do decide to keep working for them.
I do want to still work there. To move feels like i would only have the same fight start all over again somewhere else. My working environment would now be ok if they get the judicial slap down that is required.
...many people throughout the world are angered by discrimination ~ and look where it got them ~ nowhere ~ we still have discrimination!
But I’m glad you’re honouring yourself more and are going to show people that you won’t be pushed around or harassed by anybody. That’s a very good tactic. It’s better to be pushing ourselves forward etc than have somebody else pushing us.
My performance as an employee has been emaculate. I have been doing this for 15 years and i am better than most. (Perhaps there is some of that arrogance i can be accused of). I must add that i have an excellent working relationship with my line manager and i get no less than £500k sales for the company per anum. My wage isn't great.
They say they just want a contract that reflects the terms of my employment and that they are just looking out for me.
They have been very aggressive post ACAS conciliation however.
Perhaps i can be a little confrontational. Something i cannot help. If i feel unfairly challenged i feel compelled to stand against it.
There actions to me are for a simple purpose. Monitor and document everything relating to me in detail and as soon as i step out of line, sack me.
... and if your anger is coming from various breaches of the equality act, why not give it back to them? Why are you carrying anger in you when it’s not even yours? ~ it came from those acts. Although you might want to hang on to it until you’ve been to court as it can come in useful in those situations.
Many people throughout the world are angered by discrimination. I see myself as no different in that respect.
I am sick of being pushed around by employers. Being harassed by people that should know better.
This case will tell me a lot about where my future lies through the outcome
And do you still want to continue working there? It doesn’t sound like the best environment to be in. But good luck in court. I hope you get your desired outcome
But what are their reasons? You might ask your manager and remind him that those reasons need to be legal and they might have to defend it in court.
Be very careful with no win no fee lawyers - they are not working in your interests, just theirs.
You have to think for yourself about what would be their defence if it goes to tribunal. If they can justfy their action, you lose.
Do you consider yourself to be a good employee?
That’s where you think your anger is coming from, but how can a breach of the equality act make you angry? I know what you mean though and that you don’t know what I mean ~ you’re not alone, and of course, I wish you the best of luck with it all for the best possible outcome for you.
I never roll over at adversity but I also don’t try to fit myself into somebody else’s way of how life is, I create it my way.
Your employer can’t possibly deny your disability. It’s not theirs to deny. That can, however, deny knowing anything about it. I’d rather be out of work than work for an employer who used dirty handed tricks to get rid of me or push me around. I wouldn’t give such an employer that option. I would simply go and get another job. They’re not the only employers on the planet.
Yes. I have my position and they have theirs. I have tried to compromise several times. They have been immobile in their stance.
There is a wider problem at this company also. Their HR department is non-existent. There appears to be a culture that belongs in the 1980's and not the 21st century.
This dispute is a year in the making. My tribunal pre-hearing is on the 14th January. I am defending the case myself as a no win-no fee lawyer wants me to lose my job before i take it on.
The breif conversations i have had with solicitors however have suggested my case does have merit.
I do not trust this employer at all. This will be a test of the legislation regarding our disability and i am interested in the outcome whatever happens.
I know where my anger is coming from. It is coming from various breaches of the equalities act.
As an employee my rights are enshrined in uk employment legislation and i would like to see those right upheld. This is something i beleive i am entitled to.
If we all rolled over when faced with adversity, where would this leave us as a community.
Considering my employer is now denying my disability, if i did not fight this i would be forced out of work rather than choosing not to work. Is this not an injustice?
Have you asked them calmly why they are doing this?
Yes, you hit the nail on the head. You are simply repeating a past injustice or what you believe to be an injustice ~ most of the time, it’s just a matter of perception. And most likely, as is most often the case, the sense of injustice you feel goes way back in your history.
What is the conclusion exactly? What exactly is the end goal here?
ACAS don’t have the power to marginalise you, only you can do that. And if you’re angry with them, you need to work on that anger. Where is it coming from? Wouldn’t you rather sleep easy now as opposed to waiting for the outcome of a fight? If you would like to do something about your anger, I highly recommend you completing a radical forgiveness worksheet on ACAS. You can find the worksheet and instructions on line, free of charge, at radicalforgiveness.com and it will show you where your anger is really coming from. This might not sound like practical advice but it’s very practical and your current circumstance will take a shift in the right direction if you do the work.
I would very much like my contract to fit into the industry norms. Every designer in the industry is on a salary. They have been trying to get me to move on to an hourly contract as a result of them granting me adjustments that they themselves put forward.
The equalities act says in plain english that they cannot move me from a salary to an hourly rate just because of my diagnosis.
I'd love to know where my original contract has vanished too. This new contract is shocking.
Unlike any office staff in the company they want me to do the following:-
Clock in and out with the factory staff morning evening and at lunch times (no other office staff need do this).
Dictates an hourly wage. No designer in my industry is paid an hourly wage.
They granted me adjustments to come in late in the morning. They now want to make deductions accordingly yet won't permit me to work at home like other designers (and even though i am fully set up for it)
They are refusing to let me work overtime unlike other designers. This proposed contract us unique in the industry let alone my company.
A lot depends on your contract and the reasons they will give for changing your contract. If it is to bring you into line with industry norms, you will have difficulty fighting it.
You can ask for reasonable adjustments because of your condition but you can't dictate to them.
I can only respect where your coming from with this comment. I dont really enjoy the fight as such however. Perhaps i feel a strong sense of injustice in my life not just from this employer but those before it.
In truth this is the final stand for me before i do perhaps go down the dwp route.
In the past i have simply left jobs because of the traumatic experiences i have endured. This time it is about seeing this through to its conclusion. This process will decide whether my working life continues in its current format.
Also i am determined to not allow ACAS to marginalize me as i feel they have done. I am so angry with them. My belief is that a simple confirmation of the obvious from them would have avoided this mess. It is a fight worth fighting to me and if i lose, i can at least sleep easy knowing i tried.
You sound like you enjoy all of the fighting and going after people and all that business, I’m certainly not saying that’s wrong, it’s just like I said, it’s not for me, that’s why I said my thoughts would be of little help to you. I like a much calmer life.
It was interesting that you said you are reluctant to turn to the DWP for income and that you’d be concerned about them challenging your condition as a reason you can’t work ~ this is very black and white autistic thinking.
I am currently, very gratefully, in receipt of benefits. I never sought them as a means of income. I just happen to be living in a country that supports people who are temporary or long term out of work. And I never gave my reason for not working as autism, I simply said that I have been living with undiagnosed autism for most of my life, I’m in a burn out phase and I’m taking my time to understand myself better and work out what work I will do, when I’m ready, and how many hours etc etc. I didn’t say I can’t work I said I won’t work. I didn’t even want to be in the job centre but it was worth it to keep my roof over my head but the woman had to call the manager of the job centre over to calm me down and reassure me that they’re not going to be trying to get me to look for jobs and they haven’t, they’ve been really supportive. They got me both of my support workers.
I don’t see the DWP as a form of income, but I’m extremely grateful for it because I’m sure it will help me get back to work much quicker. Although I won’t be working for anybody else again. I view it differently to you. Me deciding to not go into work again in a work place that doesn’t suit me, wasn’t the end of anything but the beginning of my journey to discovering me, how I work and how that can fit into the world.