Employer invalidating diagnosis

Thanks OP for the topic, and like others I am sorry to hear how your employers have approached this, have you got the documentation to back this up and shown them? I ask because I work in retail and over the years I have found that working with the colleagues is extremely difficult - After a while I am used to people seeing my cracks and becoming distant.

But more recently it has become very conflicting - I had a supervisor lie to a manager regarding an issue between us to save his skin. So one of my biggest motivations for going through the diagnosis is so when (Yes, when) the time comes and this confrontation explodes I can then reveal my diagnosis and hopefully have them back off a bit - I don't really trust any of them with the information on my diagnosis prior to being forced to reveal it, as I said they're aren't a lot of people that I get on with there.

I had induction training in my new job this week.  On the 'Equality and Diversity' course, we were talking about how discrimination can manifest.  I made a point about the struggle Aspies sometimes face in that as we appear to be 'normal' in most ways (i.e. neurotypical), we can easily come unstuck when something happens that doesn't fit with that 'normal' idea. 

Maybe I didn't make the point very well, because the trainer said 'Even using the term 'normal' can be discriminatory... because we're all a bit weird.'  I could have gone on to explain how there was a difference between being 'a bit weird' and having a different neurological make-up that puts us in a small minority... but...

Earlier in the week, she related an anecdote about a relative who is 'very autistic... he has Asperger's'.  A misunderstanding before you even start.  She then went into his behaviours, etc.  How he has had public meltdowns, how he needs supporting with budgeting his money, etc.  Building up a stereotype.  I then did say my piece about the broad variations on the theme, and announced that I had Asperger's, too.  She seemed quite surprised. 

And so the misunderstanding and misconceptions continue....

Read my post above, I imply other things that are of use as I am now deep in the company grievance process.  If they are ignoring their own procedures/Equality Act 2010 which can be proved then the ball is in your court as to how far you take it.

I should have lodged a grievance many years before I did - it can have two effects - it puts a stake in the ground that says you are being treated unfairly - but it can also put their backs up and strengthen their resolve to get rid of you.

You need to read your company grievance procedure VERY carefully and make sure you follow all the steps or it gets rejected immediately. 

I've spent the last 9 months (since my diagnosis) attempting to educate my employer without much success, to a point where they've caused a couple of big meltdowns over the past 3 or 4 months.

They act confused and infer I'm being unreasonable or say things like "you're not the only one a situation affects".

After the last meltdown I was signed off for a week.

My missus advised me to contact ACAS who told me to lodge a formal grievance with my employer, which I've done so now finally they have to address my concerns.

Didn't particularly want to but if they're going keep ignoring their duty of care at the expense of my health I didn't have much of a choice.

Thanks Martian Tom, and I am ready for a fight! Well kind of but I do intend to fight my corner.

Quote it to them chapter and verse.  You DO have a case.  Don't end up like I did.... working for a specialist autism charity which, when I went sick because of bullying and harassment, questioned whether I was fulfilling my job description by not 'dealing with challenging behaviour.'  If an organisation like that can't understand the distinction between legitimate challenging behaviour exhibited as part of a recognised neurological condition (in which they're supposed to be 'expert') and deliberate bullying, then it shows just how hard we have to fight.

They are discriminating against you.  And it is against the law.

My union are looking at discrimination right now to see if I I have a case. Personally I'm sure I do as I've become quite the expert on the Equality act 2010. Time will tell?

I have the same ego's in work, they do not recognise you are having meltdowns so verbally discipling you, do not listen until you get a proper diagnosis "in writing".  You really need to make them aware of the Equality Act 2010 and any company policies/procedures in place for Medical Capability, Making Adjustments in the Workplace, Diversity, Disability.  In fact in my employers procedures the onus is on the manager, diagnosed or not.

I have also been made aware of Employee Lawyers who know/deal with these cases but you may like to keep that separate from anything to do with your employers until you are ready to tell them.

I have now raised my issue with my employers that they need to address this serious issue but the Laggards still do not get it yet - they will.

Thanks  or all your replies. I know who I am now just have to accept that like Graham said there are some knuckleheads out there. 're access to work I will contact them tomorrow.

Like you said, it felt like your whole world came crashing down. You had a sudden attack of severe doubt which brought up all the struggles you have ever had. This is a huge hit. It's akin to being hit by a bus. 

Treat yourself well. Be kind to yourself. This is an opportunity for you to come to accept this aspect of you, so you can put all those struggles behind you. This is a crisis of confidence that needed to be revealed so that you can come to terms with and accept your diagnosis and following that, so will everybody else. 

Be very grateful to whoever said that comment, because not only was it true, it pushed you, should you take the challenge, to accept the diagnosis once and for all. 

I had problems.at.work both pre and post diagnosis.

My greatest help has been my support worker paid by access to work.  Amongst other things she acts as intermediary whenever there are so called behaviour issues and supports me in any meeting regarding difficulties I am having.

Short of that your employer should have a grievance procedure which you should consider using to resolve things.  My situation was only fully resolved in January after over two years and now things at work.for.me.are.as.I would wish them to be.

nothing....Don't even start me on t he union... I'll PM you

What does your rep say about it? I’m not sure they’re actually allowed to dismiss a diagnosis, they do have to take it into account 

Thanks Kitsun, but that's the impression I'm getting from them, maybe because they are a large well known organisation but I still feel, this does not mean all employees are well enough versed on AS to make this judgement. I am so angry and feel they should know better. I am at my wits end.

That’s so out of order for your employer to question your diagnosis. If you’re diagnosed with AS then you have AS. It sounds like it would just suit your employer for you not to have AS as then they wouldn’t be obligated to make reasonable adjustments but they have no right to dismiss a diagnosis. Would they behave the same towards someone with a visible physical disability I wonder?