Published on 12, July, 2020
Hi, just wanted to share with everyone my personal experience navigating the labyrinth of an employment tribunal, to me probably one of the woes experiences I had my entire life as I have never imagined myself in a similar situation.
I want to share my own experiences, which were marked by discrimination, harassment, and an unjust dismissal, with the hope of seeking justice and my former employer accountable for his conduct.
Recently , I found myself in a situation all too common for me at least being on the spectrum. At my work some would often say, “You don’t look autistic” or even express surprise that I could be facing challenges and assumed I was being a drama queen if a panic attack occurred. Living alone and to have to pay for rent , food and everything else together with my hesitation and fear to change job have influenced why I had always fear to stand for myself in case the worst happened, but inevitably it happened and I had to raise a grievance and the issues related to my autism, discrimination, harassment, and that was not very well received by my employer which almost immediately created that hostile environment and I had to be forced to be absent from work. Story short all this has pushed me to pursue justice the employment tribunal. The road was challenging and exhausting, to say the least.
One of the most disheartening aspects of this journey was the tribunal’s limited understanding of autism. Despite presenting substantial medical evidence and expert testimony, the challenges I faced due to my condition seemed to go unacknowledged. The tribunal favourable treatment over my employer because on the evidence they have never believed in my diagnosis and said I have never presented one. While I was absent I went from many autistic burnouts that are specifically mental exhaustion and making it even worse to me to engage and communicate with others, I was never the least very surprised the the conclusion reached at the tribunal that my lack of engagement and communication with my boss was notable and that my absence caused damages in the business. Quite ironic let me say.
It was accepted that my dismissal was unfavourable treatment and that I was dismissed for something arising from my disability (absence) however my lack of engagement was at fault and for that the entire panel concluded that I just didn’t want to work and probably that’s why I have raised the grievance itself.
I share my story not to vent my grievances but to offer a helping hand to those facing a similar situation. My goal is to ensure that others do not have to endure the same struggles I did. The lack of advice and support I encountered online when I needed it the most was a stark reminder of the need for more information and awareness in our community.
I have failed in two things, assuming that because I had a full lot of evidence and medical records every one would understand what are my challenges and difficulties. I never have asked adjustments to the tribunal before the final hearing.
On my first of three days at the tribunal everyone was standing up while the judge was speaking, it didn’t take long to the interpreter nudged me to tell me that I must look to the judge. Unintentionally all that made. The judge to interrupt and with a sense of embarrassment I had to explain why keeping eye contact is difficult to me.
The second problaly the one every one fears “ cross examination “ i know it is easy to speak about it because everyone is different, but believe me is not as bad as the feeling that the episode of interrupting the judge speech to be unable to look at anyone on the room is substantially easier as it seems.
Nobody is going to direct at you and accuse you of anything, you only just need to be sure about everything you wrote and answer the questions nothing else.
In Conclusion, I hope to have brought any enlightenment and that, we all have to ask the tribunal in writting and even if medical evidence is included in the bundle of documents, asking to adjustments in writing prior the hearing so that in cases like mine the entire panel won’t take my actions as if I was uninterested or even truthful
I am left with a tremendous guilt to have to stand for my rights and also very self aware that i made other people feel uncomfortable after all , and it shouldn’t be like that at all.
Caelus said:i am still being told its not enough and need to prove it, but prove what i dont know... seems stupid and impossible to actually win even when you literally proved everything.
This does highlight another common issue for autists in work - we see things in very black and white terms. Where there are rules then everyone should be following them and we tend to point out when others break the rules.
In the NT world, rules are mostly guidelines only except when they are to be used against you. Pointing out the material issues where there was a rule and the employer broke it will often be met with a "so what?" response from a tribunal - it is something that happens all the time and is more or less expected.
That is why they are forcing you to prove it is dangerous. Even if the employer said it could be dangerous to have only one person do it, then is is only a recommendation. They would need to say it is mandatory for 2 people to do it for it to be a rule to follow.
I've seen this sort of issue from both sides of the fence and the lines are as blurry as me after a dozen coffees.
I think we will struggle to get anyone to take out issues seriously for many years to come in employemnt situations unfortunately, and even then it will only happen when a law is passed to protect out rights specifically.
im taking my employer to tribunal, and also have injury claim on them which they deny liability for so am taking them to court for that too.did you have a solicitor for your tribunal or did you do it all yourself?im in talks with a solicitor at the moment for myself and i gave them a whole folder full of evidence.
but the injury one despite having a high rated solicitor and having proved the injury, proved i was doing the employers process, proved the employer lied when they claimed it wasnt the process, proved that i did exactly what they said and proved that a process lead even says its dangerous what they have us doing alone when it should be 2 people on that certain task. i am still being told its not enough and need to prove it, but prove what i dont know... seems stupid and impossible to actually win even when you literally proved everything.