Published on 12, July, 2020
I am totally devastated. I had a meeting planned today with my head teacher about how they could make reasonable adjustments for me at work. When I turned up it was the head and the deputy. I felt totally ganged up upon and it was as if they had planned before hand not to offer any help. They basically said that I am one of sixty staff all with their own needs and I am paid to be a teacher so I just need to get on with it.
The head kept grilling me with questions even when I had gone silent and started to cry.
I came out, drove home and had a complete meltdown. I eel awful and as if I am a great big inconvenience to the school.
It was just the worst.
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 ?
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?
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.