Can an employer refuse to help via occupational health?

Hi all. Thanks for your feedback.

I have been diagnosed as a 40+ adult who has had issues in multiple settings over the years. This is why I am keen to have the best opportunity to get things right in my current job.

I agree with the concept of an informal agreement being easier to wiggle out of and there being no evidence.

The need for OH input is definitely there as far as management and supervision is concerned. There is a complete lack of awareness, and trying to explain it is like bashing my head repeatedly against a wall.

I have recently joined the union, so they are now getting involved.

Joining a trade union makes sense. They should have reps who could help you. All reps will know how to lever reasonable adjustments from your employer. There is specialist training in some trade unions on Autism Awareness and The Workplace. Unite the Union for example. That training walks reps through all the steps they need to know to help people like you, while teaching that every autistic worker is different.

Do you belong to a trades union? Your union rep should be able to advise you regarding what support you are entitled to - your employer is required to make "necessary adjustments".  You are probably also entitled to an assessment under the Access to Work Scheme run by the Department of Employment  https://www.gov.uk/access-to-work or contact your nearest JobCentre Plus. Depending on the nature of your work, you may be entitled to assistive technology, coaching and various other services.

Were you diagnosed as an adult, or did you get support at school?  If so, do you have a Statement that might have provisions that might still be relevant? When you got your diagnosis, did it include information about what support might be helpful?

Hello. First of all, kudos to you for deciding to speak to your manager about your diagnosis. I'm sure it wasn't easy, especially as he or she doesn't seem to make any effort to understand. 

If you can, ask HR why they are refusing to refer you. See what they say and then ask them to reconsider accordingly.

As for your manager... he or she clearly doesn't understand much about ASD. I know it takes effort to deal with people who don't understand, but please don't give up. Try to explain that it's not your job to be an expert - just like people who have cancer can't be expert oncologists! This is why you asked for help from Occupational Health services.

If it's helpful to you, maybe ask for a colleague (or union rep, if you are in a union) to be with you at meetings. This so that your colleague can offer emotional support, but also so that there is a witness to what's been said. After each meeting, keep some private brief notes about what was discussed: what you asked for and what the response was. These may come in handy much later, if you need to prove that despite your best efforts your employer discriminated against you. 

I'm not saying that you should come across as argumentative, but you do have rights and your manager putting the blame on you doesn't help at all.

All the best.

There is no legal requirement for your employer to have an occupational health service or refer you to it. However there is a requirement for your employer to make reasonable adjustments for disabled people including autistic people. One reason businesses tend to contract out occupational health to consultant companies is the legal requirements can be quite hard for inexperienced middle management to navigate.

Your managers inexperience won't be a defence though should it come to an employment tribunal. The fact that they have an occupational health service and chose not to refer you to it is possibly a failure to make reasonable adjustments in its own right. After all what could be more reasonable to expect than sending the disabled person with communication issues to the service you retain to determine the needed reasonable adjustments of disabled people.

That said I'm not a lawyer and you shouldn't take this as legal advice. Are you in a union? Some unions have a lawyer you can consult over discrimination issues. Even if yours doesn't you might want to speak to your union rep?

I don't know. No one seems to think it would ever happen. A cynical part of me is saying that your workplace is interested in an informal agreement because it would be harder to prove discrimination if they decide not to follow it whereas if you had an official report detailing recommendations it would provide at least evidence of clearly requesting accommodations, but this may not be the case.

However, I have found several NHS districts which allow self referral for an occupational health assessment so you could see if that works. Maybe also consider going to your GP and talk about what needs assessments are available in your area if you can't find a clear self referral form.

Hope this helps.