Job problems - corporate environment

Not only are you not required to disclose The average HR department would prefer if you didn’t disclose at least not in your CV or interview. You absolutely cannot be sacked for not disclosing your disability, but not disclosing your disability may limit your ability to rely on certain protections if you have a discrimination lawsuit down the line.

in my personal opinion it’s best to disclose soon after you’ve got the job.

reasonable adjustments can include:

• putting things formally in writing  normally done informally so that you can be absolutely clear about what you’ve been asked to do.
• job tailoring where aspects of the job  you maybe find difficult get shifted on to the managers or other engineers (customer service?)
• special seating arrangements putting you in a quiet area where you’re not easily distracted or disturbed by noisy stimulus

> You absolutely cannot be sacked for not disclosing your disability,

You have no idea of what you are talking about. If you have been in the workplace for less than 2 years you can be fired without any reason or explanation. HR will never tell you "we do not want aspies in the workplace", they will only tell you some bullcrap about "cultural fit" or something. 

> You absolutely cannot be sacked for not disclosing your disability,

You have no idea of what you are talking about. If you have been in the workplace for less than 2 years you can be fired without any reason or explanation. HR will never tell you "we do not want aspies in the workplace", they will only tell you some bullcrap about "cultural fit" or something. 

Iain, you know what you are talking about.

Judge Dredd said:

An HR would never say "we are firing him because he is aspie".

Agreed. HR teams by and large know not to leave any paper trail for this.

One role I was brought into to restructure a team in a university had my last task as getting rid of a group of militant trade union reps and disabled staff on the team who had an incredibly high absence rate.

I protested that this was unfair but the response was "then leave and we will find someone who wil do it".

They went to considerable lengths to avoid any written communications on the subject and even in meetings would not say it explicitly in case someone was recording.

In the end they decided to reduce the headcount of the team, rewrite the job description to allow them to reasonably decline the staff they didn't want and then made everyone apply for the jobs so they could then make the rest redundant.

Essentially all kinds of dodgyness goes on with HR teams but this is normally at the request of management. They are pretty good about giving plausable deniability too.

They wouldn’t need to, if you suspected foul-play and wanted to know for sure, as at a final straw you could Request Subject Access for any communication and decisions regarding yourself made since your disclosure, they wouldn’t be able to obfuscate the fact they had colluded behind your back in that instance.. I’d only recommend doing that if everyone has already got-their-claws-out as it were.. It is also OHT’s job to protect from lawsuits, so HR and OHT are often at odds, as is the operational branch..

sorry, I cannot teach you how corporate environment works. 

An HR would never say "we are firing him because he is aspie". They will say something like: "we do not like his approach to work, it is disruptive", and the OHT would have absolutely nothing to say. Do you really think that an HR would be so naïve to say something that would give grounds to a massive lawsuits? The main scope of the HR is to protect the company from lawsuits, not to protect the employee.

Okay do you wanna provide a bit more context bit more information? What exactly do you think I’m wrong about?

One conversation between HR and the Occupational Health Therapist, would end a ‘cultural fit’ or ‘no aspies’ witch-hunt, the OHT would tell them that they are going the right-direction to a major-liability, if that don’t make every reasonable-adjustment available on request. Anybody who would ride that line into a disciplinary-hearing would be in for a short-sharp-shock. Hidden Disability is still a protected-characteristic..

You do not have a clue of what are you talking about.

Okay let me put it this way you cannot legally be sacked for not disclosing your disability. So unfair dismissal laws only kick in after two years. But the equality act will apply from the moment you are hired in fact aspects of it will apply before you are hired.

You can absolutely take your boss / ex boss to an employment tribunal for disability discrimination before two years. Of course proving it is another matter but you can still get the matter in front of an employment judge. In fact if you believe you’ve been unfairly discriminated against during the application process for a job you can still take an employer to employment tribunal even though you’ve never worked for them so long as the discrimination relates to your disability. Again when you get to the employment tribunal you do have to prove it.

that said proving these things is not as difficult as you might imagine. there is a funky standard of proof for discrimination cases. basically says if you can  present enough evidence to make a kind of on the face of it argument And the employer doesn’t present any evidence at all The standard of proof is largely ‘well there’s something suss going on here and they haven’t done anything to try and prove it wasn’t so they're guilty.’

at least that’s my understanding, I am not a lawyer. but they did it that way to make sure that employers can’t get out of being accused of discrimination by just staying quiet and trying to bury evidence.