Published on 12, July, 2020
I have just got home from work, I had my letter confirming my capability hearing. It’s on Friday morning.
I almost had a meltdown in front of my supervisor, just managed to keep my myself together.
I was expecting it but I couldn’t process it, I even took some time away from my desk.
Even though you knew this was going to happen at some point It must have been a real shock. So sorry. The timescale seems tight. I would restate my disability and ask for more time to process and prepare if I was in this situation.
It is worth considering taking someone with you as you have the right be be accompanied. It may be possible to request postponement so that this is possible (often the case if aTrade Union rep is attending as they have lots of other commitments).
Do remember that even though you have not had a diagnosis yet, the Equality Act applies as soon as you inform your employer that you are disabled. This is how the NAS website explains it:
"The Equality Act 2010 Guidance states that a person has a disability if:
“they have a physical or mental impairment which has a long term and substantial adverse effect on their ability to carry out normal day-to-day activities.”
‘Mental impairments’ include autism, a lifelong disability that affects how people perceive the world and interact with others. Most autistic people are likely to fit this description, but a person does not have to have a diagnosis to be considered disabled."
Have you informed your employer that you are disabled. Doing so in writing and keeping a copy will avoid this being disputed later on. Even though you have not been diagnosed as autistic yet you can still get the protection that the law provides.
This overview might provide some useful information about the capability procedure: https://www.unison.org.uk/content/uploads/2016/05/Model-Capability-Procedure.docx
Given how soon your meeting is I realise you have limited time to get expert employment advice. I would still try to do so if you can.
Thank you, my employer is aware of my disability.
I discussed this at my annual review last December, it is on record. I'm currently waiting for an occupational health assessment. Which is also on my record.
I hope to be meeting with one of our employee representatives today.
That's good - so glad you are getting advice and support.
Excellent News... Fingers Crossed
Things are a little clearer tonight, I’ve been able to postpone the meeting until Monday. The employee rep, was really supportive and he thinks that it’s the company getting support in place and trying to understand what is going on with me.