Employment law protection for those with Aspergers?

Hi there,

I was diagnosed with Aspergers a couple of months back - which certainly explained a lot to me & came as a relief too. 

I have always had difficulty with working & never been in each job I've had for more than a year. 

My trouble with work has always been getting on with other employees, or in the case of when I was self employed, clients!

This has mostly been other people upsetting me, to the point I have a bit of a melt down & leave. It's also less frequently been my direct behaviour - an example being me going into a colleague's drawer to use their hand sanitiser & not realising that broke social etiquette and was upsetting to her, getting reprimanded by the boss & feeling ostracised   

I want to go back to work - and need the income of an average UK salary, but I'm very fearful of doing anything but low paid, simple jobs, like working in a cinema (I'm a big film fan :) )

My actual field of work for which I'm qualified is financial services, doing research & planning for financial advisers. Although I haven't worked at all now for 2 years after a huge melt down in my last job, which turned my life upside down.  

I therefore wondered what protection there was in employment law for those of us with Aspergers, what it provides & how to disclose having Aspergers to an employer & how that's gone for you guys. 

I feel now my social awkwardness can be explained, if I have legal protection from unfair treatment, I'd go back to a demanding job  

Thanks a lot :)

  • It seems to me that it is best to work where you are most comfortable, even if the salary is relatively low. But specifically in your case, if you have a qualification related to financial affairs - try first to consult with companies in your specialty - for example, swpdxlaw.com lawyers. Perhaps they will find for you not a very responsible job, but more paid than a cinema worker. If not, you can also try remote work, such as IT in freelance. Here you can work completely alone and earn solid money, but be ready to devote a lot of time for this.

  • The Equalities Act allows you to ask your employer for things called Reasonable Adjustments so that you are not disadvantaged and can carry out your job. The ones I have had agreed include getting 48 hours notice of meetings and having all requests for work  put in writing. I also get to use the disabled loo at work because the hand dryers in the womens ones are so loud I can't stand it.

    Your employer is obliged to consider your request for a reasonable adjustment and can be prosecuted if they refuse to grant them without vaild legal reasons.

    I have not told anyone but my manager that I'm autistic. I would never tell my colleagues, I feel safer that way.

  • Former Member
    Former Member

    I was sent to see the company's doctor before I started as I had to fill in a pre-employment health form. The Dr then told my manager and he is being OK about it although he doesn't know anything about it and I don't know what all of the best things to do. We are muddling on and it's a bit hit and miss.

    I told all my colleagues at the previous employer and they were all very good - many of them knew something about it through relatives etc. I haven't told my current colleagues - I may do in due course, I'll see how it goes first.

    I haven't been a union member for many years. They didn't help much when I hit a problem years ago (nothing to do with the ASD) and I don't work in a unionised area at the moment. They ought to help but in practice it'll be pot luck about whether they help or hinder.

    It all depends on so many things so I would recommend not rushing into anything.

  • NAS18906 said:

    Autism is a disability which means that you are protected (if you are in England or Wales) by the equality act 2010.

    Just to add to what recombinantsocks has said, the Equality Act (2010) applies in Scotland too, but not Northern Ireland. It covers many "protected characteristics" in addition to disability.

  • Thanks guys, that's really helpful :)

    Socks - at what point now do you tell your employer?

    Have you found being a member of a union really helps?

    Do you guys tell the colleagues you immediately work with about your ASD, or just your employer? Having never done that, I fear I'll be the butt of jokes - but that will be covered by the Equality act. 

  • I think that we are slow to learn social ettiquette, but get there eventually, by trial and error.

    The key in my view, is to learn to appologise. If you say to someone that you are sorry that you have offended them, and will not repeat what you did, I believe it should help.

    I also sometimes tell people that I am prone to saying the wrong thing and/or will not be offended if thay ask me politely not to do something. You could just explain to them about Aspergers and ask for their support in learning to get along with them.

    Bullying and ostracising should not happen, but the levels of ignorance about asd are huge and it seems to be down to us to educate those around us, sadly.

    I would suggest working in a small group and keep your distance, until you learn more about the individuals around you. They may find you unfriendly, but we don't have to be chummy with those we work with. The aim should be to earn your keep, not necessarily make friends.

  • Former Member
    Former Member

    Hi and Welcome

    Autism is a disability which means that you are protected (if you are in England or Wales) by the equality act 2010. This is useful protection and it has real legal bite if push comes to shove.

    There are employers that are good for people with autism but there are also many that are not good. I disclosed the condition to a previous employer but relations had deteriorated too far and I moved on. The new employer picked it up during pre-employment screening. They have made efforts to accomodate but it is early days and I am not totally confident that this job will work out. A big thing that I have learnt is that, although Aspergers and Autism are recognised terms, there is an awful lot of ignorance and very little ability in making it work from the HR professionals side. HR professionals are mainly doing what the management wants and few have the skills or leadership to change that fact. There are exceptions to this but I won't rely on them "doing the right thing" ever again.

    I tried disclosing my diagnosis at a couple of interviews but none of the employers that I disclosed to offered jobs so I would not recomend disclosing at that stage.