employment tribunal

I’m scared also being newly diagnosed as asd  and adhd and I have been sent about 8 pages of legal stuff to read and answer before the preliminary hearing against my company for disability discrimination.

It’s too complicated of all this legal jargon , I think it’s meant for a solicitor but I don’t have any representation .

too expensive 400 pounds just to look at my evidence.

good luck to me  

1. Unfortunately I just did recently and I’m happy to share my experience,last week  a judge  issued a judgement  that is satisfied that my dismissal was unfavourable treatment and was also satisfied that I was dismissed for something arising from my disability (ASD and related anxiety) which was my absence, during almost 2 years I have been harassed continuously by my former employer, there was many exchange of messages that seem supportive but always with a pinch of salt, to give some examples, there was a time that while discussing my medication (sertraline, risperidone and the diazepam which was used in emergencies ) my former employer said that I I might need additional therapy if I keep taking Valium. There was one day that I had the bad idea to stand up for my rights and raise formal grievance that was about a doctors appointment I had to attend , when I contacted my former employer I received a phone call  and I was simply accused to fake my health and used as an excuse to not attend work. I have invoqued a legal act in the grievance and I wrote that due to my autism It’s difficult to balance out sarcasm or abusive tone on the phone and in my perspective my former employer was being intimidating and caused me to be absent from work because I immediately perceived the hostile treatment created, nevermind being in the spectrum wich makes it even harder. The entire process of the grievance until I had to appeal was exhausting and I have experienced an autistim burnout which even today I still feel it’s negative effects. Glthe grievance dismissed and the appeal the grievance was unsubstantiated, My former employer constantly pressuring me to return to work , messaged me to access my medical records or to attend meetings wich one week went from either an informal chat  to a welfare meeting and I always trying to engage , heads up for me because I don’t even know how I managed to did it , until was the requests to prepare written submissions for the day after so that a capability meeting could take place. Can you guess ? I never attended it and I was dismissed with immediate effect. I’ve put a claim on the employment tribunal for unfair dismissal, discrimination and harassment, sent all the evidence which included all the messages  that where just inappropriate and also an impact statement together with a detailed letter describing me very well from an senior autism practitioner. The hearing went from my former employer and their witnesses from  lying in cross examination ( and pay attention I’m not being suggesting it) literally wrote different statements in their ET3 and witness statement and yes they said something different while under oath , to my cross examination which was more focused on creating doubt that I don’t look autistic and confusing me  trying to direct my responses to their own benefit . . I have to figure  out when I read their witness statement that I use to make everyone uncomfortable at work and they never raised because they all see me too sad. And the same was said right in my face while they were cross examined.( did that even amount to discrimination? At the hearing itself ?) judge even makes their own find that the accusations I made against my former employer were all made up in my mind and even in the event if the tribunal accepted that I had invoqued a legal act in my grievance which was obvious to the tribunal I have used my autism as an excuse , so that I didn’t need to attend work , my poor former employer was very right to dismiss me because they needed someone who was able to it’s job and attend the workplace . Mindblowing . No I don’t sincerely suggest anyone to go throught this , is degrading and humiliating to have to go to a tribunal , asking them for consideration for the challenges autism itself already imposes and in the end I very doubt that they even had read the letter i suppose they think was made by some charity , I’m talking about the person who diagnosed me and wrote it to support my claim. Im sorry for the negative message but its not worth it and I am 100% worse off , unable to engage in another work environment and isolated at my flat . Take very sad and disgusting 

Yup I kept saying my line manager was acting in gross misconduct because this thing I did I had been doing for months and TOLD THEM ABOUT IT.  They didn't like that, so I'm claiming victimisation on the basis that they harassed me to get me out rather than dealt with their own leadership issues.  All of their emails are signed off as "receiving this outside of working hours?  No need to reply, I'm just working flexibly!"  Like they're allowed to work flexibly but I'm not allowed to provide extra-curricular support to vulnerable children coping with schedule change during COVID????  

Yes!  Which I told them!  They accused me of "making friends with vulnerable children" and making up my diagnosis because I was self-identified at that point.  I mean seriously they made me feel like an actual child abuser, it's grotesque to imagine myself on this Children's Barred List alongside convicted criminals just because my employers are small-minded and couldn't accommodate my autistic tendency to hyperfocus and just get the job done the best I could!  Why should I feel shame about this?!

Boy. Bless you. I'm struggling to see what their problem is. Emojis might be easier for some kids on the spectrum to understand and all school staff work outside their hours. It's called dedication. Have they interpreted that as having some other motive?

They need a word with themselves. The most that should have happened there is a quiet word in your ear about how others might misinterpret your actions. 

used emojis such as heart and smiley face and worked outside of school hours to support my autistic students.... during covid when everyone was working flexibly....

Laura 

it’s okay if you don’t want to say..but why does the school say you did at work to constitute “gross misconduct”? 

Oh sorry no I wasn't encouraging children to do anything!  Just commenting on the judge that is on my case who ruled it was a valid belief for a totally different case to mine (that person was dismissed for saying the company was investing in animal testing so it was a victimisation whistleblowing unfair dismissal case where he claimed veganism was a philisophical belief and was fired for being a vegan) 

No I was just talking to children about their neurodiversity in a teachery way, following teacher standards of respect and dignity.  

Laura

Good luck..afterwards try move on to a different school 

Yup and yup!  ACAS were very helpful, but contacting ACAS annoyed my trade union rep who said that I had signed something that meant I would only listen to him.  And got upset when I got 15 minutes free legal advice.  Like I swear they committed professional negligence.... but I also know the law can be corrupt and if one lawyer compares autism to MS and shouts at me for not getting my tribunal in on time, what are the chances the judge throws it out of court too??  Though he did declare ethical veganism a protected characteristic under "beliefs" so maybe he's alright??  And ruled in favour of the bipolar teacher, so hopefully sees autism with the same lens of "not a bad person just needed a bit of support to thrive".  But has anyone else found that they came out as autistic and then were met with a wall of hate?  Or is that just Normal for Norfolk and I'm trapped in a flat hell that fears "different"???  

Yes it was totally of use for me, I have requested on my employment tribunal as a "remedy" that my ex-employer offers training to all staff delivered by the NAS or approved partners.  I have been living in hell between what ACAS told me, what the equality act told me, and what I find on here vs my trade union telling me "they're allowed to do that" when I cited they were bullying me and ignoring my mitigations for why I did the actions I did.  It's just the life autistic, being anxious of the unknown, fearing everything around me, fearing that I am actually delusional and that I did bad bad things and am too disabled to recognise it...... gaslighting is so harmful to me.  I never realised how naive I was til this past 18 months :(  thanks for the signposting :) 

Hi Laura

A judge is neutral and will adhere to uk laws so as long as you’re honest and provide a written account of “how you made autistic children understand and like themselves to feel comfortable at school” 

have you contact ACAS or your union? 

Jamie

Hi Laura,

We do have some information about autism and employment rights, advice etc on this page - https://www.autism.org.uk/advice-and-guidance/topics/employment/support-at-work/autistic-adults - which you might want to have a look at. Although I don't think we have information on employment tribunals specifically, if you scroll down to the links at the bottom I would recommend looking through some of the further information there, like the website for ACAS, which says it offers 'employees and employers free, impartial advice on workplace rights, rules and best practice. We also offer training and help to resolve disputes.'

Hope this is of some help,
Ross - mod