Automatic disability status

I’ve been in that situation way to many times, but you have gained my respect for being able to tolerate it for longer than 6 months. 

i disclosed my diagnosis to a previous employer and they went and told everyone, it resulted in the bullies of workplace targeting and using me as an escape goat. They even convinced a child that I was mental and if he help to get rid of me he would have a job in September when they left school. I didn’t cave in and was poison by three people who stabbed and injected me with pig vaccine. It made me seriously sick. 

I disclosed to a previous employee that I was seeking an autism diagnosis and they to initiate the did not disclose clause but as I was on a trail period and they couldn’t maintain staff they kept me on until they could replace me, they started giving me closes, split day shifts with 6 hours in between knowing that I wouldn’t be able to get home because i used the bus that didn’t operate in those time it was awful. 

I disclosed my autism to a training provider that provides apprenticeships. They placed me into a workplace and kept messing me around and started to require me to pay towards the training when I wasn’t even on minimum wage at the time. 
The training provider was using apprenticeships to fill employment gaps for cheap. It wasn’t about training me and finding long term or sustainable employment it was about conning people they seemed vulnerable into filling gaps and getting them funding. 

I see, so really its a flaw in the tribunal system that is the issue, you need to be 'too disabled' to attend and defend yourself.  Kind of discrimination itself that.  I understand that its legal thing and they really want you there, but I don't see the need to attend for cross examination that for vulnerable people might actually weaken or confuse either deliberately or because of stress/anxiety or lack of confidence.

You probably can't right now for legal reasons, but you might want to reach out to the NAS and perhaps the media about this to get more awareness of it.

I had to hear the harsh mocking (from senior staff) of an ex-employee who was taking the employer to a tribunal, I thought that was incredibly unprofessional, it might have to been a dubious claim to them but if so then they have nothing to worry about so just deal with it properly.

Of course autistic people can choose if they feel their autism to be disabling. However what I'm trying to do is prove to my employer that on a technical basis my autism does meet the legal definition by default because of reasons mentioned on the original post and I'm also saying that all autistic people meet the definition as well, regardless of if they feel they're disabled or not. So it's already true that a diagnosis of ASD under DSM 5 meets the legal definition, this is factual rather than subjective. I just want to get it added to the list of conditions that automatically qualify in the equality act legislation. It will help people when they need it and it shouldn't go against anyone. Employers should be equal opportunities and do take on disabled people all the time.

I wasn't dismissed. I was harassed for years by my supervisor and in April last year, he was filmed committing discriminatory gesture and comment about me. I took voluntary redundancy as a form of resignation. I was forced to do this because I could not return to work and now I'm not capable of working. I'm saying to the tribunal that I wont be present for the 6 day tribunal in person or over the phone because it would be distressing and that therefore, the cross examination questions need to be provided in advance in writing. They need to agree that I'm disabled for this to be put in place and they're digging their heels in on their position that I'm not.

My employer knew in october 2018 of my ASD diagnosis.  My supervisor then became worse with me.

That's really why I asked what the grounds for dismissal were.  If you don't tell an employer you are diagnosed with autism, and they later find out from obvious difficulties you have that affect your work then they can use that against you alone.  But if you tell a potential employer, you risk not be offered a job - you may though get lucky and find an employer that gives you a chance and allows for reasonable adjustments. 

Most employers expect you to fit in and reach an expected level of productivity, quality, etc. so usually let you go if can't reach or maintain that level.  Some employers are more flexible and you might get reasonable adjustments that can help.  Its hard to find a job you are going to excel at in all ways.

Its horrible because there are many people on the spectrum that are somewhere in between capable and disabled. Its these people that require additional support more because their expected to integrate into society and the workplace and benefits like PIP could allow individuals to work and gain the skills at their own pace to develop the resilience to work full time where others in the same situation may never be able to work full time. 

You are aware of the fail to disclose clause that big companies like restaurant chains, supermarkets and other places that use zero hour contract use. failing to inform an employer of autism could get you fired beyond the trail period.  

Autism being a disability is a contention thing, ask a whole load of autistic people if they consider themselves disabled and you will be a mixed response, I've seen arguments for and against from autistic people on Twitter about this.

As autism is varied it may not feel disabling to some, or they may just consider themselves different, neurodiverse.

I understand your point of view as you going through a tribunal, but there could be negative consequences if autistic people are always classed as legally disabled.  Would that mean too disabled to work?  Employers wouldn't take on autistic people, of if they did make find other reasons/ways to sack them to avoid a tribunal.  It might also mean people avoid seeking a diagnosis in case it limits their future potential to work, or other things.

For me, I think its a personal judgement if you want to class yourself as disabled, and that might be a better approach - some way for people to legally register as disabled providing they have a diagnosis report and any other evidence that backs that up.

If you don't mind me asking, what the grounds for your dismissal?

I think you should get the disabled status if as an individual with Autism or ADHD and it would be used against your ability enlist and serve in the army OR impacts your ability to gain or learn how to drive then it should rightfully entitle you to the disability status.

But like everything changes to law could affect those with autism serving in the army so it could do as much harm as good.