Employer invalidating diagnosis

Hi, My employer seem to be invalidating my AS diagnosis. I had a disciplinary appeal the other day and somebody made the comment' Oh that's just one person's opinion', I was gobsmacked all the problems I have had throughout my life and it was like this one person brought my whole world crashing down. I have struggled all my life with communicating with others and feeling different, I got my diagnosis 3 years ago from a psychologist that advertises on this very web site, who specialises in adult AS diagnosis and used NICE guidelines, surely that is proof that this person is is qualified to diagnose AS, isn't it?

  • And the employers they also win especially large government backed employers, they seem to have a bottomless pit of money to fight these cases and guess what its paid for by us the tax payers.. Rant over lol

  • Thanks for the pointer re the Unison publication that's really good, I think that will come in handy. A solicitor has asked me to say exactly how AS affects me in the area I was moved to I've pasted a link to the NAS girl on the train youtube clip because it really sums it up well, obviously I have also added a bit more to expand but I think its a really good way of demonstrating to my NT bosses how it is for me in that environment.

  • I'm so sorry to hear you've had this experience. The employer (or management representing them) is not best placed to suggest a diagnosis is incorrect. However, I've heard, countless times, of management thinking they are somehow able to diagnose a range of things so sadly this isn't shocking. The duty of care is with them but again I've found the onus can be passed to the employees instead.

    I hope you're progressing positively with this now.

  • Other unions have similar, shame some reps (and Mental Health First Aiders) cannot have more clout in putting the NT's right on these things.  The same with some Diversity Champions

  • That is the one Bagpuss. Read the information befire the impairments, then the bit about autism.

    It is very good advice for anyone although written for union reps.

  • The equality act does not in theory at least, require a formal diagnosis, just evidence as to how you are affected, although a diagnosis may help.  Stress for example is not classed as a diagnosis yet you could get adjustments for the affects it has.

    Your employer may refer you to occupational health, and in my case at least, they are notorious at ignoring conditions if not formally diagnosed. But what occupational health says will not necessarily get your employer off the hook.  Such questions are what make lawyers rich, and don't be under any misapprehension that a tribunal will automatically agree with your opinion.  In all probability they won't and only about 8% of cases are successful in any way whatever, most cases are withdrawn by the claimant and even if successful large sums of money are rarely awarded. There is an awful lot of ill will and stress caused, and if an employer wants you to leave they will just end up offering a sum of money eventually, combined with a non disclosure agreement.. 

    This is why every attempt should be made to reach a solution by other means if possible. Not very satisfactory I know but that is how the system works. And the only people who always win are the lawyers.

  • My situation is that I am fixated on my research (based on a number of people experienced in Autism/Asperger's stating "of course you are) but I am not formally diagnosed.

    Of course having fixations (just like my father getting something in his mind and not able to shift it) in something is an Autistic trait Rolling eyes

    I have also presented many other traits as people can identify in themselves or others once aware - I could even have other conditions (Tourettes, Aspergers, ADHD, dyslexia, etc) that are undiagnosed but until crisis point and/or discussed then I am unaware of my hidden impairment/disability.  This is why Equality Act 2010 covers all the bases IMHO.

  • Unfortunately, if the employer is.being obstinate, it is up to the employee to prove a disabilty affects their everyday activities, and very few disabilities are automatically covered.from.diagnosis. Cancer, HIV, and MS being three.that are.

    in the case.of autism it shouldn't be too difficult to prove (things.such as.social anxiety, information.overload, sensory overload, literal interpretation.are.all ways you r everyday life can be adversely affected.)  The employer would justify not taking action.on.the grounds of not sufficient proof of disability affecting.normal activities. It could be a.long.drawn out process if the employer/manager was intransigent, leading ultimately to an employment tribunal hearing if all.other options had been exhausted.

    Hence this is why Access to Work is a great.ally and help, since if they recommend a support worker it will show.that normal.everyday life is affected (else why would a support worker be necessary?)

    Unison have produced a useful publication, google 'Unison Proving disability in.the workplace' and download a copy, it has much useful information.  I can't copy and.paste the link from my tablet but you should find it without too much trouble.

  • The reason for a different personal/handle to what you normally use is the maintain some form of confidentiality for you.

    My name is quite unique, nicknames/handles everyone knows, Internet/email name a pseudonym of my real name.  I make sure who I share them with understands my fixation on security/safety on-line.

  • Ahh, ok.  Will change it to my usual online handle then.  Thankyou, Bookworm.

  • Just tried to Pm you, don't use your own name unless you want to be identified.

  • Thank you, they are also people who should know better.

  • Hey, Bookworm.

    One person's opinion?  I think not - one person may have made the final diagnosis, but that person has been trained by people, using material written by other people.  Diagnoses are not just given out - they are based on years of training and scrupulous work done by many people over a long period of time, and they are based on theories that are tried and tested.  Your experiences are your own, and they have no right to say such things - the level of ignorance shown by the person who said this to you is remarkable to me.  I hope you get to have your case heard and receive justice.


  • Yes I'll PM you in case what I am going to say identifies me

  • Did you request it in writing?

    That way you can provide a reply explaining your perceptions to try and identify the differences.

    Anyway I start the next step in my process next week but it is nowhere near your point yet.  Their assumptions/expectations are contradictory to mine plus contradictory and I'm not involved.  

    New role or changed role?  

    New manager as from 7th Jan 2019 (existing) or an actual new manager?  

    Hold on CONTRADICTIONS = I cannot cope!!!

  • Yes they have a copy of my diagnosis letter, I also have an email dating back to when I was diagnosed stating I informed my manager which I sent to the psychologist who diagnosed me, so glad I did this so it proves they cant say they didn't know.

  • Thanks, the being tearful bit is a problem at the moment because I don't know when its going to come and so stops me saying what I need to say. Thanks for your advice when the assessor contacts me I will request a pre meeting chat. If it all goes t**s up I have already written a grievance and my resignation letter as I've had a gut full of them pushing me around..

  • I agree its like we are both speaking a foreign language to one another because we see things differently its just a shame there are more of them than us that's how they can justify we are wrong and they are right. In my disciplinary they didn't hear a single word I said let alone listen and I did feel I may as well be speaking a different language.

  • I have just found the ACAS website which has some useful statistics - http://www.acas.org.uk/index.aspx?articleid=1900

    Now what it appears is that everyone tries to do what is right for them and blame you for everything that has gone wrong.  The focus should actually be on you, your wellbeing and what your diversity can bring to benefit the business.

    Until the numpty NT's get it, putting themselves in our shoes for a minute, understand how we are (like a physical disability) to actually change their "right" perceptions into our "wrong" perceptions. Hold on, I'm autistic and taking them literally is a contradiction so who's perceptions are right?