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Advice on getting help of changing Job

Tink

I have specific language impairment, dyslexia, anxiety that effects my social life massively.

I constantly masks my personality and myself in a work environment as I know that I’m different and don’t fit in.

Iv’e worked in a special needs school for 7 years and at the moment working at a day centre to help with adults with disabilities. 

In those environments, I’ve been treated differently or if I mentioned my hidden disability, I get treated that I don’t have potential or make assumptions that I can’t do it or I have to hide my disability  from colleagues because I would get treated differently ?? - surely that would be discrimination?? Joy

I’m waiting to get a autism assessment and I hope it will be soon.

I need help and advice as I want to change my job completely and do something else like data entry?? As I got a C in ICT Blush Blush

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  • Tink said:
    I get treated that I don’t have potential or make assumptions that I can’t do it or I have to hide my disability  from colleagues because I would get treated differently ?? - surely that would be discrimination??

    yes. If you get passed over for training or promotion because of disability thats almost certainly discrimination. Relevant law would be equality act 2010. section 13, 15 or 19. Roughly speaking if they have deliberately chosen not to promote / train you specifically because you are autistic then it's section 13 direct discrimination, really there is no justification style defence to this. If they choose not to train / promote you because of something connected to your disability, (eg you are easily distracted in the work place because autism makes it hard to work in a noisy place) this is generally section 15 discrimination arising from disability, they have a chance to justify this discrimination but they have to meet a very strict test to do so (particularly hard to meet if they haven't made reasonable adjustments for you). If they have some rule about who can or can't be promoted / trained that's not aimed at autistic people but still makes it hard for autistic people, as a group, to get promoted / trained this is likely to be section 19 indirect discrimination. Again there is a chance to justify this action by meeting the strict test but just to invoke this law you need to persuade the judge that the employers rule effects autistic people as a group worse than non autistic people which can be quite technical.

    There can be quite a lot of overlap between section 15 / 19 but section 15 is usually easier to prove. Also if there is a section 15 / 19 claim there is usually a section 20 claim for unmet reasonable adjustments. What you generally do is look to see if you have enough evidence to make a basic case for any section even if it's week then put it in "in the alternative". Basically you say to the judge based on the evidence I'm pretty sure at least one of these laws has been broken so I'm leaving it up to you to decide by claiming for all of them.

     #notlegaladvice

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  • Tink said:
    I get treated that I don’t have potential or make assumptions that I can’t do it or I have to hide my disability  from colleagues because I would get treated differently ?? - surely that would be discrimination??

    yes. If you get passed over for training or promotion because of disability thats almost certainly discrimination. Relevant law would be equality act 2010. section 13, 15 or 19. Roughly speaking if they have deliberately chosen not to promote / train you specifically because you are autistic then it's section 13 direct discrimination, really there is no justification style defence to this. If they choose not to train / promote you because of something connected to your disability, (eg you are easily distracted in the work place because autism makes it hard to work in a noisy place) this is generally section 15 discrimination arising from disability, they have a chance to justify this discrimination but they have to meet a very strict test to do so (particularly hard to meet if they haven't made reasonable adjustments for you). If they have some rule about who can or can't be promoted / trained that's not aimed at autistic people but still makes it hard for autistic people, as a group, to get promoted / trained this is likely to be section 19 indirect discrimination. Again there is a chance to justify this action by meeting the strict test but just to invoke this law you need to persuade the judge that the employers rule effects autistic people as a group worse than non autistic people which can be quite technical.

    There can be quite a lot of overlap between section 15 / 19 but section 15 is usually easier to prove. Also if there is a section 15 / 19 claim there is usually a section 20 claim for unmet reasonable adjustments. What you generally do is look to see if you have enough evidence to make a basic case for any section even if it's week then put it in "in the alternative". Basically you say to the judge based on the evidence I'm pretty sure at least one of these laws has been broken so I'm leaving it up to you to decide by claiming for all of them.

     #notlegaladvice

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