Worst work meeting ever

I'm very sorry to read this.  It very much sounds to me as if your employer is discriminating against you under the explicit terms of the Equality Act 2010.  If you had a phyisical disability they would accommodate you.  An educational establishment should really know better than this as they presumably have some similarly affected pupils. As has been said already, you should approach your union if you are in one.  Otherwise seek some form of legal help.  Go to Citizens Advice, or even contact ACAS.  Here is the Equality Act https://www.legislation.gov.uk/ukpga/2010/15/contents

That's a big scary document. What bit should I be looking at ?

That's a big scary document. What bit should I be looking at ?

thank you so much for this!  I'm going through a lot of trouble at work at the moment.  They are saying they've made a lot of adjustments for me and provided a lot of support, but they haven't at all.  I've proven I can do the work, and have emails and letters in which they've praised my work in the past.  I just need an environment that I am relaxed and comfortable in without people making loads of noise around me and away from strong smells and I'm fine.  There are empty offices so I don't think it's unreasonable.  As time goes on with me being forced to sit with constant sensory overload I can feel everything getting a lot worse for me, and in the past when this has happened I've ended up either in loads of trouble or walking away from everything and everyone and not being able to return.

thank you so much for this!  I'm going through a lot of trouble at work at the moment.  They are saying they've made a lot of adjustments for me and provided a lot of support, but they haven't at all.  I've proven I can do the work, and have emails and letters in which they've praised my work in the past.  I just need an environment that I am relaxed and comfortable in without people making loads of noise around me and away from strong smells and I'm fine.  There are empty offices so I don't think it's unreasonable.  As time goes on with me being forced to sit with constant sensory overload I can feel everything getting a lot worse for me, and in the past when this has happened I've ended up either in loads of trouble or walking away from everything and everyone and not being able to return.

I think you need to calm down and take advice, as I suggested before talking further with them. Especially from the union on what adjustments are considered reasonable for teachers, what precedents are there.

The angry talk of discrimination usually helps in getting compensation after dismissal, but not always in keeping the job.

To keep the job you need to develop a very clear position which demonstrates that you are fit to do the job (my point 3) with reasonable adjustments. Just blaming them [although justified] might only trigger nasty tactics to push you out.

If you need another member of staff to teach for you, you might be headed for difficulties.

How about ear defenders?

I've been doing it 16 years! I think I can do it. My managers are trying to move me to a different area which would disable me.

Thinking differently for a second, would popping earplugs in for those last 5 minutes help? I'm trying to let your employer off the hook, just thinking if there's any pro-active action you can take to mitigate the issue.

This sounds perfectly reasonable to me.  And you should challenge it.  That adjustment would be negating the effect of your disability in reducing stress and anxiety, helping prevent a meltdown and enable you to work without the anxiety of the last five minutes of the day which you find the most stressful.

Occupational Health may be able to help, as they can advise that things should be done, but remember they are really to help your employer, not you.  You should be able to take someone in with  you to an appointment at occupational health, and this could be anyone, it is in support of you and the normal rules about who accompanies you do not apply.  Just explain to them when the appointment is made that you wish to be accompanied and also make it clear that you are autistic and would like to have someone who is knowledgeable about autism. 

My experience of Occupational Health is that it can take a lot of time getting through to them, they initially said of me that I was 'fit for all duties' which the employer can take anyway they wish!  It took a lot of objection from me and a further visit before I got someone who was sympathetic and the tide began to turn.

Remember there is no limit stated in legislation to the number of adjustments that can be made as long as they are 'reasonable' and they will help you in your job.  And if it transpires that more are needed in the future, they should also be given.  Five minutes assistance at the end of the day is not a great hardship for your school at all, and it will mean you will work so much better.  I got exactly the same thing from my employer about things being 'part of the job', but eventually, after a great deal of effort on my part, I managed to reach a satisfactory agreement and now things have settled down completely and I would say that now any problems at work are ironed out straight away with no argument at all and certainly no stressful 'quiet words'!

My previous comment about Access to Work still stands.  They have more power than anyone else as their reommendations would stand up as evidence in a tribunal and they are invariably accepted as such on occasions when they have been challenged by an employer.

Why did it stop for those other two year groups?  Were you given an explanation?  It hardly sounds like you're asking for the earth.  You're not asking for wheelchair ramps or hearing loops or changes to classroom colour schemes.  You're asking for one thing, not multiple things.  It sounds like they're simply making up excuses to suit themselves.  They're being extraordinarily uncooperative in my opinion.  I would do as others have said and go through a grievance procedure first, with some support from a union or some other staff representative.  You're not simply being fussy or a deliberate nuisance.  You have a diagnosed condition which makes certain conditions difficult for you to handle.  Such discrimination is inexcusable and as I see it indefensible.

Sorry last five minutes; not ten.

When I am teaching the music I am fine as I planned it and I know exactly what will happen in mach lesson.

My biggest stress is the last ten minutes of the day when I feel completely out of control and there is so much noise as the class are stacking chairs and getting ready for home time. I asked for someone to dismiss the class for me (one year group does on a Thursday, which is perfect) the other two year groups on Tuesday and Wednesday did for a while and it stopped.

I was told that if I got this I would keep asking for stuff and that I need to get used to it and it's part of my job. 

They said someone could come in and help me but I still had to be there. 

This is worse because then the class don't know who to listen to.

No, you are not wrong.  We get a diagnosis in order to give us answers to many of the questions that the struggles we have had in life have raised.  As you said, at least now you know why.  The school are being technically unlawful in their approach to this because they are discriminating against you.  If you had been diagnosed with some kind of other disability, such as a physical disability, but were still perfectly capable of doing your job properly then they would make the necessary adjustments for you if they were practicable.  The same if you had some kind of illness or condition that meant you needed support to do your job.  If you have done your job properly over all of those years and they haven't had any cause to complain about your performance, then they shouldn't be discriminating against you over this.  They must be aware of their obligations under the Equality Act, which means they cannot justify their demurral.  It is simply not good enough for them to say that every staff member has their own needs because the needs of disabled people will always be greater than those of non-disabled people.  Just out of interest, what kinds of adjustments would you need them to make for you?

The meeting was because I have just got my diagnosis. I have been at the same school for 18 years. if they look through my record, they will see that there have always been things that I struggle with but now I know why. Part of the the reason I wanted to get a diagnosis was because I thought it would help, maybe I am wrong.

Not wishing to be tedious, but also need to consider point 3 in my post, to avoid any mishaps.

Well I fit both 1 and 2 so more than fit the criteria.

I am very sorry to hear what happened. Everyone should read carefully and understand the equality act fully before disclosing the disability and approaching the employer about adjustments.

Rocinante gave an excellent presentation of the duty to make reasonable adjustment and the processes and I would just add this.

1. You need to read all the act, not just the adjustment bit.

2. Did they know you had a disability? Did you disclose it during recruitment? You don't have to. There were cases when employers dismissed for not disclosing and I think this went to tribunal and was deemed to be discrimination. You don't have to disclose. But you have to disclose if you want to to rely on the act, to have the protection and rights. If they knew and you were doing well in your job for a while, refusing reasonable adjustments or starting disciplinary procedures because you asked for adjustments would be discrimination.

3. Before the duty to make reasonable adjustments arises, you need to demonstrate that you can do the job. That your disability does not preclude you from performing in your role. It is a very fine line. Go very heavy on your impairments and needs, and they could argue that you are not fit for the role and that you did not disclose the whole extent of your impairments  to them, and for this reason they don't need to make any adjustments and can just dismiss you. This is what possibly they were grilling you about - how your impairments affect your ability to do the job and whether you in fact can do it.

4. So when you ask for reasonable adjustments, they should be reasonable, which is a vague  term for the courts to decide, but the needs and impairments you use as a reason for adjustments should not be something that basically undermines your very ability to do the job.  It should not put in question whether you can teach, like in 3). 

5. The definition of disability is doing things differently, in different way or needing more time.

6. So the adjustments you can ask should be ones that enable you to achieve the same result (i.e. teach) but in a different way in a different time. Again they should be reasonable - the school could argue that they cannot change the time table, the curriculum, the students, the buildings to accommodate you, you need to demonstrate that the adjustment is helpful for you, but does not undermine the job for the employer. There is a happy spot somewhere, but usually the employers are not forthcoming. You might want to think carefully and propose something specific in that happy zone..

7. Did you disclose it just without reason, because of new diagnosis? Or did you have some problems at work? Was the problem unofficial, known only to you and you asked for adjustments to help you cope better? Did you have performance reviews that say you are good at your job? In that case there is evidence that you can do the job and just need reasonable adjustments to cope better, reduce stress, improve productivity etc. This is one discussion.

8. Did you have any performance problem issue going on officially? In that case you can disclose and seek reasonable adjustments in the process of dealing with the issue. You could propose an adjustment in line ith 4) and 7) that would solve your problem and ask for more time to see and reevaluate your performance after a reasonable time - 3 or more months. 

9. If they refuse that and  proceed with the disciplinary action that would be failure to make reasonable adjustments that you could bring to tribunal for compensation.

I think you need to read the act carefully and understand how it applies to your situation. You should discuss your situation with the trade union or ACASS before talking to your employer again.

If you have a good performance track record and just asked for some reasonable things that would improve the productivity of your work, try to de-escalate it with them, don't go 'all tribunals' and try to make an amicable agreement. You will need to take advice and clarify your position as to the basis for adjustments - not questioning your ability to do the job, about the how you do it and that it is reasonable.

If things are sour and getting worse by the day, focus on documenting the process and all violations in anticipation of the tribunal. Take someone not from the company with you as support in meetings, don't go alone.

Good luck. 

Yes, sorry.  neekby gives a summary above of the relevant parts.  Enforcement can take the form of an employment tribunal, at which as I understand it your employer would need to prove why it would be unreasonable to make adjustments to accommodate you for your disability.  I would try contacting Acas first or going to Citizens Advice if you aren't in a union.  Acas is here http://www.acas.org.uk/index.aspx?articleid=1410

I typed in a question on their question search tool and it came up with the following answer

What options are available to a worker who believes they are being discriminated against at work?

Holy crap! For a document that aims to ensure equality for people with disabilities (among others) that is one mother-fxxing impenetrable document...!!!

There's this: https://www.legislation.gov.uk/ukpga/2010/15/section/6 which sets out what is meant by a disability, specifically:

Disability

(1) A person (P) has a disability if—

(a) P has a physical or mental impairment, and

(b) the impairment has a substantial and long-term adverse effect on P's ability to carry out normal day-to-day activities.

Then this https://www.legislation.gov.uk/ukpga/2010/15/section/20 which covers the duty to make adjustment, specifically:

20 Duty to make adjustments

(1) Where this Act imposes a duty to make reasonable adjustments on a person, this section, sections 21 and 22 and the applicable Schedule apply; and for those purposes, a person on whom the duty is imposed is referred to as A.

(2) The duty comprises the following three requirements.

(3) The first requirement is a requirement, where a provision, criterion or practice of A's puts a disabled person at a substantial disadvantage in relation to a relevant matter in comparison with persons who are not disabled, to take such steps as it is reasonable to have to take to avoid the disadvantage.

(4) The second requirement is a requirement, where a physical feature puts a disabled person at a substantial disadvantage in relation to a relevant matter in comparison with persons who are not disabled, to take such steps as it is reasonable to have to take to avoid the disadvantage.

(5) The third requirement is a requirement, where a disabled person would, but for the provision of an auxiliary aid, be put at a substantial disadvantage in relation to a relevant matter in comparison with persons who are not disabled, to take such steps as it is reasonable to have to take to provide the auxiliary aid.

There's a whole schedule (13) dedicated to Education but it looks like that's aimed at students - I guess teachers would be covered by the 'Employment' regulations...

TBH it's massive and complicated & I've just skimmed it looking for the obvious bits... you probably need to refer to someone with specific knowledge in this area...

This page on NAS might be a good starting point to refer your employer to: https://www.autism.org.uk/professionals/employers/information-for-employers/managing.aspx

Plus the info here: https://network.autism.org.uk/knowledge/insight-opinion/top-autism-tips-employment-reasonable-adjustments