Published on 12, July, 2020
Hi all,
I am an autistic male with an official diagnosis from Psychiatry-UK. I revealed myself as autistic to my workplace, and the results were disappointing.
My knowledge of corporate environment tells me that the HR is just scared of a discriminations lawsuit and advised my managers to keep me at distance. They cannot just fire me because I waited for 2 years to disclose my condition.
Some questions:
Thanks
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:
> 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.
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.
sorry, I cannot teach you how corporate environment works.
Okay do you wanna provide a bit more context bit more information? What exactly do you think I’m wrong about?
You do not have a clue of what are you talking about.