Employer invalidating diagnosis

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.

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.

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 

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.

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

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.

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.

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