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Bullying at Work and Employer breaking the Law

Muckworm

Hi Friends (I think!)

 

I haven't posted for a while and this is why - can anyone make suggestions as to how I cope with my situation at work?

I work full time and have held this job for 6 years now but I made a decision not to disclose to my employer that I had a diagnosis of Autism because I believe I lost my last 2 jobs because of that. And I want to work.

I like the content of my job very much, it suits me - it is methodical and predictable. But recently we have had some staff changes, mainly staff leaving and not being replaced due to financial pressures on the business. One of the staff who left was good to me and we had similar interests and I miss him.

Since he left I have been bullied by another member of staff who he protected me from. I have told my boss and he says 'he is dealing with it' but he can't be because nothing has changed. This person leaves me out - makes drinks for others and not me, brings sweets in for everyone but says I'm not allowed them, swears at me, spreads gossip about me and has started making a mess in the toilet which I am made to clean up.

In addition to this my working hours are now in excess of 48 hours a week. I told my boss this is against EU Working Directive and I think the law as I have not agreed to it and he said, 'if you don't want to work the door's over there'. I am also denied breaks in my day and the other day did 13 hours without a break and was shouted at for going to the toilet.

I don't want to lose this job because I am better off than I have ever been finincially and I like it but I am struggling to cope day to day.

Any suggestions of how to get through this difficult period? I am hoping it is going to be short lived but I don't know.

Thanks for helping out - you have always been so helpful in the past. I have had a good year up till all this happening - I have managed to make some progress in my life socially by joining a group but all that is at risk because I have lost my confidence and I tend to be mute when I am stressed.

Parents

  • 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.......

Reply

  • 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.......

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