Industrial Tribunal

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
  • I mean employment tribunals are not popularity contests, it’s not going to have any effect on the outcome what we say.

    as a lay person with an interest in equality law. Another strict understanding that this is not to be taken as legal advice. My understanding is that not being able to bring a case in a timely fashion, because of circumstances beyond your control, is one of the few cases when courts will generally allow cases in brought out of time. At the end of the day though bringing a case out of time is generally at the courts discretion. So it’s usually hard to challenge in either direction once the court made up its mind.

    I have absolutely no idea how that will work in an employment tribunal though. Given the age of this post I doubt OP is still watching it. But if they are I’m curious to know what the outcome was.

  • It can be really hard to prove the discrimination and employers often go to some lengths to make sure you cannot.

    I vividly recall when I had to recruit a new member for my team after one resigned, I was told to make sure I hired a female as the team was 80% male and the higher management though the team needed more diversity.

    This meant I had to tell the recruiters to make sure I got both male and female candidates for a role that has 99% male applicants normally - then when selecting candidates for interviews I had to be careful in the reasonings I used for selecting candidates.

    Then the worst part for me was seeing one after another or very capable male candidates interview knowing that I couldn't hire them and instead select one of a much less suitable batch of female candidates.

    I did get regular reminders from my boss that I must not put anything in writing pointing out that I only wanted a female hire at the end of the day.

    This example was a sexual discrimination against males rather than against autists but the principle remains that if the company do not want a particular profile then they will normally keep it silent and hidden.

    This is a fairly widespread practice in my experience.

  • You must like your boss or your job far more than me then. I would have tried to get something in writing and then take it to the EHRC. Or just hire the best candidate and when they complain point out that there was nothing in writing saying it had to be a girl.

Reply
  • You must like your boss or your job far more than me then. I would have tried to get something in writing and then take it to the EHRC. Or just hire the best candidate and when they complain point out that there was nothing in writing saying it had to be a girl.

Children
  • I was on an interview panel and the Chairman said something like " I hope we get a good male applicant. We can't afford another staff member to go on maternity leave."  It was not an instruction, just a casual comment over coffee. As it happened we had a very good female candidate who got the job. But the message was pretty clear, if two candidates come out equal, pick the man.

    Earlier in my career I had a problem when it came to booking annual leave during school holidays. All the mums with kids wanted the school holidays, and because I was a single man without kids they thought I should be the one to give way, even though I had seniority.  I also got more out-of-borough visits, because female colleagues claimed they had to be back in time to collect kids from school. The "family-friendly" policies were discriminating against single men.

  • Fair enough but it’s not my way. if I found something I felt was so out of line i’d be tempted to make a fuss about it and then dare them to Do something that would end up in an employment tribunal.

  • I would have tried to get something in writing and then take it to the EHRC

    Disobeying a direct order like that (even one told off the record) would be the end of my career in that company and stop me getting a good reference.

    Yes that would be wrong, but the whole management structure does this to degrees. It isn't done routinely which is a blessing and one could argue that the positive discrimination could be a good thing even if it is against employment law.

    I was just highlighting how it works from the other side of the table to the OP, not making a judgement on it.