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Industrial Tribunal

Motorhead
over 8 years ago
Hi
I’m currently getting ready to attend an industrial tribunal next week . The case concerns disability discrimination at a job interview and the disability concerned is autism. It is all about the employer’s failure to properly consider reasonable adjustments that I requested.

Normally such a case must be brought within three months of the discrimination happening. Unfortunately due to the unhelpfulness of my disability employment adviser and me having to make two subject access requests under the Data Protection Act ( the first of which was ignored for a while until I threatened to involve the Information Commissioner’s Office) in order to find evidence of the employers failure; the case is technically “out of time”.

I was advised by the Equality Advice and Support Service “It does not seem reasonable for a claim to be considered out of time if you were not previously aware of the discrimination” and the tribunal seemed to be happy to go ahead with that. However the employer has lodged an objection and the meeting next week is to consider whether my case can go ahead.

Now there is a dearth of case law on this and I think that if my case can go ahead it will be of great help in the future for those with a similar claim. One of the reasonable adjustments I asked for was to be given the interview questions beforehand. Now requesting this was recommended to me by the Sheffield Asperger Syndrome service and is also seen as reasonable in the case of autistic people by both the NAS and the Dept. of Work and Pensions but is often denied to autistic applicants without any consideration by the employer and no reason is ever given which makes it difficult to make a claim of discrimination.

Now if you think allowing my claim to go ahead is of benefit to others in the future please say so here now or ASAP even if it’s just the one word “yes”. If a lot of people do this it may help my claim.

Parents
  • over 8 years ago

    One of the best jobs I ever had (of the few I ever got) involved an interview process in which candidates were given 15 mins with pen and paper and *the interview questions* before the interview.  I hadn't even declared the AS (didn't actually have a diagnosis at that point).  But oh, it helped so much.  Usually I mess up interviews, this one went so well and resulted in a job.  Two terms worth of part-time work, but I was good at it and it led to other things for a while.

    I've considered making that a request, since the diagnosis, but my experience of declaring AS has mostly been negative, and employers aren't keen on being told how to interview.  Also, my experience with employment tribunals has been largely negative.  Good luck, in the current climate, with yours.

  • over 1 year ago in reply to jiggeryqua

    I guess it depends on the job. I can see that for, say, a job in sales or customer service the ability to answer "on the hoof" may be a requirement for the job in a way that it would not be for a storekeeper or administrative person in a back office.

Reply
  • over 1 year ago in reply to jiggeryqua

    I guess it depends on the job. I can see that for, say, a job in sales or customer service the ability to answer "on the hoof" may be a requirement for the job in a way that it would not be for a storekeeper or administrative person in a back office.

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