Bullying at Work and Employer breaking the Law

The Department of Health is shortly to bring out a paper on how they intend to support people with autism, including in the work place. But will that be about people with marked autism who can only work in specially structured environments, or will it address abler adults and the lives they endure in the workplace?

There is an event in London on 3rd March, an invitation only discussion on current and future employment support for people with autism.

There will be an opening address by Mark Lever, and a statement from DWP. Then there will be an address from someone who employs disabled people including people with autism, and an un-named individual is going to talk about the experience of the job centre (not said whether this is someone with autism or just any disability).

Then, joy of joys, the meeting will divide into small groups to discuss for half an hour the experiences of being in employment and what employers can do to help. Then 25 minutes small group discussions on what is working well at job centre plus. Then 30 minutes will be spent discussing the Government's work programmes, before a summing up session. Mike Penning will come along to close the meeting.

It rather depends who are these participants? People with autism?  And what is the NAS contribution, apart from the Director's Cut at the start?

This could be a crucial opportunity to get real improvements in how people on the spectrum are supported in the workplace.

But if NAS still doesn't recognise the serious issue of fitting in at work, and the way this is overlooked by employers - we aren't going anywhere very fast.

Remember, NAS, this shabby Government is forcing what they denounce as workshy layabouts off benefits into the workplace, which includes many people on the spectrum whose efforts to get into sustained work is prevented by the imposition of social rules.

If NAS isn't going to address this, then NAS is no better than the Government.

If people have a difficulty in their social interactions, that prevents them fitting in to the social structures of workplaces, that should be taken into account as part of their disability.

It shouldn't be possible for employers to dismiss social interaction difficulties as over-sensitivity to office banter.  But until NAS presents this side of things to Government as a real issue, we will see no change, and only a great deal more misery as more people are forced into situations where they cannot cope.

This will confirm what you are feeling:

http://sfari.org/news-and-opinion/news/2014/social-skills-contentment-evade-adults-with-autism?utm_source=Autism+research+news+from+SFARI.org&utm_campaign=13d6126014-SFARI_Newsletter_140225&utm_medium=email&utm_term=0_0a60ccb345-13d6126014-389048541

The only thing is, that without disclosing your diagnosis to your employer you have no leg to stand on, it isn't discrimination without them knowing that you have a disability, it's just a crap job.  There is such a thing as constructive dismissal though, did the solicitor discuss that with you?

I hope you are keeping copies of the written diary of bullying you are giving to your manager?

I know it's easier said than done, (and I should listen to my own advice) but try not to let them grind you down, you are worth more than them.

Just a follow up to Longman's comment -

If you are a child or young person on the spectrum it seems there is much in the way of help and support, I don't know if this continues into adulthood, I hope so. If you are like me and diagnosed as an adult, there is NOTHING. I was given my diagnosis and sent on my way.

When I have shared that diagnosis with previous employers and others I have known it has either not been taken seriously or it has been assumed I have a mental health issue (which I don't).

The great unwashed out there have no idea about autism/Asperger's and as a result people like me and I suspect there are many thousands like me, fall under radar's at work and other places.

I have effectively given up on life, I am only saving now to have the future I want for me which will be on my own - I do not want to be with anyone anymore because I am fed up of being discriminated against, insulted and treated like an idiot because I have autism. In fact I am highly intelligent (IQ of 155), exceptionally gifted mathematically and I feel a nice person. I have always tried to be kind because I think that's how people should be. But life and other's misunderstanding and rejection of me has finished me off.

Health agencies and NAS, in my view, should be doing a lot more to educate people about adults with autism so we can be better integrated into society. I want to offer something positive to society but it seems society doesn't want people like me. And at times I feel neither does the NAS or the Health agencies.

This is what the Government hasn't grasped though - as I keep warning NAS, and trying through other channels to inform DWP, most employers are within the law because the kind of discrimination experienced by people on the spectrum is "below the radar" of the DDA - that 1% the employers doesn't have to cover.

Until it is recognised that people with autism cannot compete effectively within the constructs of social interchange in the workplace, it will remain difficult for people on the spectrum to sustain employment.

They will continue to endure constructive dismissal, through others making life difficult so they cannot work properly. Or they will continue to suffer in silence, with diminished prospects.

As I said I endured a lot of this myself. It was trivia, but it seemed to nark work colleagues. OK so I'm a tad weird at times. get over it!  I try to carry on best I can - I don't see why it is so difficult to allow for people misunderstanding meanings, or not being able to follow minor conventions, or not having the right facial expression. Why is it such a big issue?

NAS just drives me to despair - what sort of advice are you giving employers when you go into work places? You seem confused between those having to go into structured work-places because of more marked autism, and those at the abler end who are able to support themselves in normal jobs, who probably don't do any of the things you tell employers about!

Take "behaviour - common questions answered" - located in the "understanding behaviours" section under "living with autism" (mostly difficulties with children). Though nested in that position in the menu hierarchy, it is also one of the things that comes up when an employer looks at the site for advice.  Goodness knows what's in the training packages that I'd have to pay to get a look at.

Zara NAS says NAS encourages people to tell their employer about asperger syndrome, but it is not that easy if you feel you are coping. The available information on aspergers syndrome doesn't seem to help people just dealing with the nuances of social interaction. It brings up things that might well not be representative of the individual, and the employer may think they are covering.

NAS are also making ridiculous generalisations like computing skills, good timekeeping, attention to detail, routines etc. what does that mean exactly?

Until NAS examines the work situation more effectively people like Muckworm are going to feel let down time and time again.

Hi - I would like to thank people for their time in replying to me.

I have been to see a solicitor who specialises in Employment Law. He was very helpful but cannot help me!

What I mean by that is, he helped me to see that my employer is not actually breaking the law - he is acting within the confines of the law 99% of the time. If I can prove beyond any doubt with hard evidence that I am being singled out for harrassment I have a chance of making a claim against the company but proving it would be hard.

Like Longman says, what I perceive as offensive, someone else would say it's office banter. It's proving it that is difficult - my boss can just say I am over sensitive.

I know that I am being singled out and I realise there is very little I can do about it at the moment. What I am trying to do is create some support outside work that can help me cope with it while it lasts, in the hope it won't be forever or that I can get another job. I am also making written accounts of one person who is bullying me and passing that to my boss each week. He still says he is doing something about it.

I have decided at the current time to remain quiet about my autism diagnosis as I think it would make the situation worse.

This is a shame because the content of what I do is good and I like it.

But thank you for your help.

Hi Muckworm,

The disability law service (www.dls.org.uk) may be a good point of contact, they can offer you advice on your legal position.

At the National Autistic Society (NAS) we  encourage people to tell their employer about Asperger syndrome as this way you can ask for support and adjustments. It is completely your decision who you would like to disclose to, and to what extent, i.e. whether to tell just HR, just your manager or your colleagues as well.  Do you have an HR department? HR often have a better understanding of Employment Law and the legal obligation to make reasonable adjustments for employees with Asperger syndrome.  We often advise that its helpful to send an email to your manager and the HR department.  That way you have a written record that you have informed them. 

The problem that many people have is that they disclose to an employer, but the employer doesn’t  have a good understanding of Asperger syndrome, and theefore doesn't know what adjustments to implement.  If it would be helpful we can send you some factsheets aimed at employers, for you to send to HR and your manager.  We can also come to perform a workplace assessment. This is where one of our employment consultants visits your workplace and  produces a written report outlining difficulties you are having and adjustments that should be made to your role. The report will outline any current or potential concerns and give examples of practical strategies that can be implemented to remove or reduce any barriers you are facing.

As the posts above mention, it would also be worth contacting your union to see what support they can offer.  It would also be advisable to keep a written record of events, or relevant emails as these will be your evidence base if you are looking to take action against your employer.  The disability law service can give you more information on this.

If you would like us to send across the employer factsheets, or more information on workplace assessments please email us on employment.training@nas.org.uk

Hi all - I'll flag this to our employment team for response. 

I'm not saying don't record incidents and dialogues, but it isn't that simple. And secretly recording conversations could be a disciplinary matter that achieves the same ends as the harrassments are trying to achieve.

Failure to allow breaks - depends what consitutes breaks in a given work situation. Are we talking about breaks all staff are allowed or breaks a disabled person seeks as requisite for their condition?  There may not be a proper understanding of a need for extra breaks. In the current economic climate many firms are expecting employees to take breaks while on the job, if that makes sense.

Going to the toilet - again will get debated. How often is reasonable? Someone with anxiety or depression may be going more often than considered reasonable or necessary.

The bit about having to clean the toilet - that sounds like reportable harrassment - but the trouble is normal recourse on harrassment is to report it to the police - it isn't that simple when it happens in the work place. And does the job description include clearing up after the boss?

A lot of people are being asked to work longer hours at present, often as an increased productivity deal towards recovery. You need to think about the context in which this is being asked.

The point I'm making is that currently this sort of harrassment can easily occur in workplaces, if the intention is constructive dismissal, because even for the disabled, the legislation doesn't cover it.

As I say, NAS needs to get real about the sorts of things happening to people on the spectrum in the workplace because they do not fit in - "their face doesn't fit" etc.

This really is a serious issue. It is under-researched, under-reported and NAS needs to take a lead on this.

The "Push for Action" Campaign doesn't address this. It is about adult services, and adults in work don't usually qualify for services. NAS appears blissfuly ignorant of the workplace crisis for many people on the spectrum, which is why so many of the Government's campaigns to improve work opportunities for the disabled don't mention autism. They need to be told about autism.

By organisations like NAS....

I fully understand Muckworm's situation. I suffered a great deal of this myself, and while I survived successive protracted attacks of this sort, it was grim and depressing.

But there aren't simple answers to this. We need to bring attention to the plight of many people on the spectrum in the workplace in order to address this kind of discrimination.

Failure to allow breaks, allow going to the toilet and enforcing excess working hours are all provable.

OP I would secretly record all future conversations with your boss and the spitefulness of colleagues where you can.

The problem is that the law only covers explicit discrimination. And even that is fairly hard to establish.

Many disabled people suffer from constructive dismissal, but whereas this usually applies to employers trying to get rid of employees by making it uncomfortable, this form of constructive dismissal is inflicted by work colleagues, and goes on undetected in terms of discrimination protection.

It is very hard to represent a case for discrimination based on the kinds of things you are describing, because they are ambiguous. Equally what your colleagues might do to discriminate against you at this level, wouldn't be taken seriously by employers, so they engage in subtle activities that make it so uncomfortable for you eventually either you give up your job or make a mistake under this pressure, that enables them to get you out.

The Government claims to have a strategy against discrimation - see "The Disability and Health Employment Strategy: the discussion so far" published last December, which will come up if you google it, as a pdf.

As you would expect this is entirely unaware of autism, and only talks in terms of legally defined discrimation and employers making reasonable allowances for disability. None of this protects you.

The Government is addressing mental illness factors in employmment in association with an organisation called Mindful Employer www.mindfulemployer.net/

This organisation addresses stress, anxiety and depression, but seems blissfully unaware of autism as a contributary factor. Of course NAS might be able to set them right about this (NAS Moderators? If you are listening?).

By all means keep a record. But you will find it very hard to do anything with the evidence. It could all be passed off, as it will be, as you're being oversensitive about office banter and humour.

No-one knows about the social interaction issues that affect people on the spectrum in the workplace. Why?

First it doesn't figure in the Triad of Impairments, which not only is a diagnostic tool but a definition of daily life with autism!!

Secondly people with autism who can work haven't really got autism!! Its called Catch 22

Thirdly, although we have a charity called NAS acting for us, it is still primarily driven by parents groups - yes there are campaigns for adults, but it hasn't really tackled any of the issues - too much talk, very little real action.

I'm sorry to be negative, but until NAS wakes up to the real world of adult issues, and tackles this shoddy Government's inaction on autism, there's no chance.......

This might be useful:

http://www.acas.org.uk/index.aspx?articleid=1364

https://www.gov.uk/solve-workplace-dispute

http://www.adviceguide.org.uk/england/work_e/work_problems_at_work_e/what_to_do_if_there_s_a_problem_at_work.htm