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Automatic disability status

NAS79464

Hi guys, I sent this to an MP yesterday to try and get change for ASD people to have their disability recognised.  It said:

Hi, you're not my local MP.  However, I'm contacting you as you are the chair of APPG on autism.  I would to suggest a change to equality act 2010 in terms of conditions that automatically qualify as a disability.  I believe ASD should be included in this list (where it has been diagnosed under DSM 5).
I'm currently in the process of ongoing employment tribunal proceedings against my previous employer.  They have not conceeded my disability.  They don't feel that I'm impacted significantly on daily activities to meet the threshold of the legal definition.  My argument is that I do by default.  Here's why.  
In my ASD diagnostic report, it says:
"The concerns identified show features consistent with an autism spectrum disorder and show evidence of significantly impacting Dean's everyday functioning. This is consistent with criterion D of DSM 5."
In order for a diagnosis to be made, it has to fit the diagnostic criteria.  It has done and as was said, it fits criterion D of DSM 5. Section D is particularly important as it says:
"Do the symptoms cause clinically significant impairment in social, occupational, or other important areas of current functioning?"   
The clinical psychologist ruled that it has significant impact, therefore it meets the substantial part of the legal definition of disability.  The other two elements are covered, it's a mental impairment and it is long term as ASD is life long.  In fact anyone with a diagnosis of ASD under DSM 5 automatically meets the legal definition of disability criteria.  Do you agree with this and if so, would you aid me in having it be considered in parliament as a change to equality act 2010 for ASD to be added to the list of conditions that are automatically given disability status.  Many thanks.  
What do you think on this matter?
Parents

  • 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?

  • in reply to Autimator

    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.  

       

  • in reply to Blue

    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.

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  • in reply to Blue

    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.

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