Work disciplinary

I'm new here,but after some advice.my son has asperger and has just had a disciplinary at work in relation to social media comments.He has worked for the company for 7 years,has an exemplary record,and it is his first offence.He is very good at hiding his asperger s but has always been honest, most staff know he's on the spectrum.The whole disciplinary process has heightened his anxiety which he has tried to explain,he received the letter for investigating 30 minutes before meeting,with limited information of what he had been accused of,which made him panic,questions sent him into sensory overload,room became smaller and he felt alone.It is difficult for him o relate social media policy to his actions, can be impulsive,doesn't always realise consequences of actions.He only name company once,other flagged comments are general observations,he used hashtag work,but did not put my work, so in his mind could relate to any work,and nowhere does it mention where he works.During the disciplinary the manager chairing the meeting said I quote" so you want preferential treatment because you are aspergic",to which he replied no,in 7 years I've never asked for preferential treatment, and I'm not asking now.He is to be issued  with a written warning,that will remain on his file for year.Any advice much appreciated.

Parents
  • In these hearings, one is usually allowed to bring in an independent witness or even an advocate to speak on their behalf.

    I strongly suggest he does not go alone, but with someone more experienced in these matters.

Reply
  • In these hearings, one is usually allowed to bring in an independent witness or even an advocate to speak on their behalf.

    I strongly suggest he does not go alone, but with someone more experienced in these matters.

Children
  • I am very sorry to hear that your son goes through this.
    The key issue here is that the company failed to make reasonable adjustments both in the process of the disciplinary procedure and in its warning.

    It is legal to treat disabled person more favourably and it is illegal to fail to make reasonable adjustments. Making a reasonable adjustment may in fact appear treating more favourable but making reasonable adjustment is mitigating the disadvantage due to disability. The manager was discriminatory in framing it as asking for favours, because the disadvantage of disability has to be mitigated by reasonable adjustment in relation to the process (having a rep) and in relation to provision, practice and criteria the company applied. They should take Asperger into account.

    You son was right to say he doesn't ask a favour, but a reasonable adjustment, which is his right.

    The big picture though is that pursuing the disciplinary procedure when the manager appear to be discriminatory in a confrontational way might lead to end of employment and a mental health breakdown. Discriminatory decisions by the company could pile up and come to the fore at an employment tribunal. But that would have a personal cost to your son too. . It is hard to advise what is best and it depends very much on your son. What ere his chances of getting another job he loves in near future? What will be the effect of the warning on new job if any? What are his job prospects at the current company?

  • He didn't have anyone with him for for investigating, but a union rep,went to disciplinary hearing,the rep feels he could appeal because his aspergers wasn't taken seriously,and the whole procedure wasn't done right, but he doesn't know what to do.We think there's an issue with manager asking if he wanted preferential treatment,as how it was phrased doesn t seem right, Thank you for reply I'm at a loss what he should do.