Contradictions Galore

So, this week I had my stage 2 NHS assessment to be told I'm not on the Autism Spectrum.

I have three counsellors, five schoolteachers, Psychiatrist and two NHS nurses say I am showing Aspergers traits.

Equality Act 2010 and company policies state I do not need it but they are adamant they need it in writing.

What a lottery, headf$%^ and contradictory path I am on.  I even notice clear traits with others actually on the spectrum that I meet.

So, it looks like I will have to get another "paid for" consultation/response to satisfy my employer.

Parents
  • Even with a diagnosis you have to 'prove' your disability affects you in your everyday life. 

    A diagnosis should make this easier as it should state the difficulties you have.  But an employer could, and in all probability will, leave it to you to prove you are disabled under the Equality Act without a diagnosis.

    The ultimate referee as to whether you are disabled under the act would be a court of law if your employer will not accept you are disabled under the act.  But this does not stop you trying to show that you have problems in everyday life that are caused by a disability whatever that disability may be.

    For autism, such things as sensory overload, not liking change, difficulties with social understanding, stress and anxiety, literal interpretation, and many other things are ways in which your normal everyday life is affected.  And someone to support your case such as a union representative will make sure you put your case forward in the best way.  It will not be easy if your employer digs their heels in.

    If you write/email (preferably email as you will have a provable trail) your employer stating you consider yourself disabled under the Equality Act, and request a meeting to discuss reasonable adjustments that should put the ball firmly in your employers court to discuss exactly what adjustments you are asking for.  After all you are not asking for anything outrageous, just something to help you do your job without detriment considering your condition.  Get your information sorted out beforehand, and decide whether you would like to garner further evidence/advice beforehand (see link below on proving disability).

    You could of course go through the Employment Tribunal route, which has many steps for which there are strict deadlines (grievance, grievance appeal, Early Concilliation, Employment tribunal preliminary hearing and Tribunal itself, and your employer if they wanted to get rid of you would offer you money at some stage.  Very few employment tribunal cases are successful when carried all the way (around 8%). 

    A private assessment/diagnosis can be expensive, the cheapest I have heard of is about £500, going all the way to in excess of £2000.  Even if you cannot find a cheap one where you live, you might consider travelling for a cheaper price.  Very few publish prices but one that does is:

    https://www.summerfieldhealthcare.co.uk/autism/

    The psychologist who works for that clinic also does consultations without going through the clinic so it may be worth while googling him and finding his contact details and emailing for a price -  going through the clinic may be more expensive.

    The following publication may be of use to you in how to 'prove' you are disabled under the Equality Act:

    https://www.equalityhumanrights.com/en/publication-download/proving-disability-and-reasonable-adjustments

    Also consider help from Access to Work.  They can give help for a variety of conditions, both mental and physical, and a diagnosis is not strictly necessary although it will help.  You should emphasise the ways you are affected by your condition (such as severe stress and anxiety).  They will recommend adjustments and you may get a support worker.

Reply
  • Even with a diagnosis you have to 'prove' your disability affects you in your everyday life. 

    A diagnosis should make this easier as it should state the difficulties you have.  But an employer could, and in all probability will, leave it to you to prove you are disabled under the Equality Act without a diagnosis.

    The ultimate referee as to whether you are disabled under the act would be a court of law if your employer will not accept you are disabled under the act.  But this does not stop you trying to show that you have problems in everyday life that are caused by a disability whatever that disability may be.

    For autism, such things as sensory overload, not liking change, difficulties with social understanding, stress and anxiety, literal interpretation, and many other things are ways in which your normal everyday life is affected.  And someone to support your case such as a union representative will make sure you put your case forward in the best way.  It will not be easy if your employer digs their heels in.

    If you write/email (preferably email as you will have a provable trail) your employer stating you consider yourself disabled under the Equality Act, and request a meeting to discuss reasonable adjustments that should put the ball firmly in your employers court to discuss exactly what adjustments you are asking for.  After all you are not asking for anything outrageous, just something to help you do your job without detriment considering your condition.  Get your information sorted out beforehand, and decide whether you would like to garner further evidence/advice beforehand (see link below on proving disability).

    You could of course go through the Employment Tribunal route, which has many steps for which there are strict deadlines (grievance, grievance appeal, Early Concilliation, Employment tribunal preliminary hearing and Tribunal itself, and your employer if they wanted to get rid of you would offer you money at some stage.  Very few employment tribunal cases are successful when carried all the way (around 8%). 

    A private assessment/diagnosis can be expensive, the cheapest I have heard of is about £500, going all the way to in excess of £2000.  Even if you cannot find a cheap one where you live, you might consider travelling for a cheaper price.  Very few publish prices but one that does is:

    https://www.summerfieldhealthcare.co.uk/autism/

    The psychologist who works for that clinic also does consultations without going through the clinic so it may be worth while googling him and finding his contact details and emailing for a price -  going through the clinic may be more expensive.

    The following publication may be of use to you in how to 'prove' you are disabled under the Equality Act:

    https://www.equalityhumanrights.com/en/publication-download/proving-disability-and-reasonable-adjustments

    Also consider help from Access to Work.  They can give help for a variety of conditions, both mental and physical, and a diagnosis is not strictly necessary although it will help.  You should emphasise the ways you are affected by your condition (such as severe stress and anxiety).  They will recommend adjustments and you may get a support worker.

Children
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