Support for those much olchder adults with ASDa

A lot is written about children on the autism spectrum.  A lot has been written about employment for adults on the autism spectrum.  But there seems very little written about those who, due to non-recognition of symptoms, have gone through their lives with problems and only in late middle age begun to realise that they are on the spectrum.

'Adults on the Spectrum' seems to concentrate on those from early adulthood to below middle age.  I feel for these, since obviously I have been through that stage.  And without support I suffered the problems they have - not being able to obtain work, continually being rejected at interviews, being socially inept, made a figure of fun for being 'strange' and not being able to understand certain ways the major part of the human species have.

So I am not denying anyone the right to have support, and society needs to learn that anyone on the autistic spectrum has feelings, needs, and may have invaluable skills and that the way they put these skills into practice might just be different, possibly superior, but probably not inferior to any neurotypical person.

So to the point of my post.  I have been recently diagnosed at 62.  I have suffered throughout my life with attitudes of others who thought I was 'strange' and deliberately being awkward.  Many years of unemployment.  And now have an employer who basically just couldn't care less about equality law and whose attitude seems to be 'that is the way we work and we can't alter our model'.  (I might add that my employer changed due to a TUPE (a term for when one employer takes over a service and takes all the employees with their terms and conditions into the new employer). 

The office changed, the system of working changed, and most fundamentally my job role changed from something I had a flair for, to something that I didn't, with frequent changes from one task to another without being allowed to finish one task before being shifted into a new one.  And when these new tasks included dealing with telephones in a multi telephone room, the telephones constantly ringing but not in a ringtone which I recognised from a telephone.  The results were that I drove everyone mad, that I was told about my performance and that 'everyone' had to take their turn on the phones as 'that is the way that the company wants to work'. 

I don't think it takes much imagination to work out what happened.  Although I suspected I had an ASD, I had not been diagnosed.  After being absent from work for nearly six months due to the stress my work was causing me, I decided to refer myself privately for a diagnosis.  My GP was not interested in referring me for an NHS diagnosis, he seemed to be of the opinion that I had reached my age and if I had the condition he didn't know how a diagnosis would be any help at all.  So I was refused an NHS referral.  In any case, I could not have waited the two years it may have taken as relationships with my employer were not good and I think I would have been out of a job.

My employer referred me to an occupational health service.  I will not give the real name of the Occupational Health Service, I will call it ShamefulAurum Health. (some of you may be able to decipher this to its real name, but I will give no other clues as to what it is)  ShamefulAurum Health  seem to have one objective only - to follow their own agenda and not get to the root cause of the problem. 

On my return to work, although I was still seeing (and still am for that matter) a psychotherapist for help with severe anxiety and depression, thought that I was fit for all duties and did not think any adjustments were necessary (despite my saying that a major trigger for my anxiety was working in an open plan office and dealing with phone calls from the public).  I was only a month away from my diagnosis appointment at the time, and the ShamefulAurum doctor was aware of that fact.  He said to me that he was not conversant with the job I did and as I had returned to work I could obviously do all the tasks expected of me! 

Even if I did not have an ASD (which obviously I did even though it was undiagnosed), the fact that I was suffering from chronic stress (I had suffered from clinical depression and anxiety for a period of over forty years and probably more) should have made it obvious that some adjustments were necessary.  And then when they get the report, the employer just thought I was 'making everything up' because what I said did not tally with the report.

Just before I had my diagnosis, my employer again referred me to ShamefulAurum Health.  I did wonder about their motives in doing this, I think they just wanted a 'confirmation' from them that I just wanted to pick and choose the jobs I wanted to do so then they could 'let me go' in the parlance of employers as they could not accommodate that.  I delayed filling in forms agreeing to the referral until after my diagnosis, and have now sent the forms back to my employer with confirmation of my diagnosis and saying that I do not think that company are competent to judge.  I have also referred myself to Access to Work and this seems, on first impressions in the contact I have had, to be a more positive way to proceed.  It remains to be seen whether the referral to ShamefulAurum does go ahead, but I have told my employer I will not go to any interview with this Occupational Health Service without my trade union representative being present.

The point in me going on at this length on a specific point is that the attitudes of those who should know better - my GP (and the NHS for that matter) who are of the opinion that older people do not need help if they have not been diagnosed, and the Occupational Health Service who comes to a conclusion based on no evidence whatever and would not even entertain the fact that Autism may be the cause of my problems (they did not even contact my GP despite permission being given by me for them to contact him).

I am positive about my diagnosis is going to be a great help in getting the adjustments I require.  It will not get me back to the jobt I really enjoyed, the one I had before the TUPE (and I am sure I may have been given this job had I had a diagnosis eighteen months ago).

And apart from work, the diagnosis explains to me a lot of the way things have panned out in the past.  It is too late for regrets at those, and with hindsight things could have been different.  But hindsight is a wonderful thing.  What is really needed is for Autism in older people to be thought not as something that they have learned to cope with, but as something which can cause difficulties at any time should the personal circumstances change.  And in the end, it is society that pays the price for these poor attitudes, poor support and poor education in those in positions of authority about autism.

And finally,  has anyone else had problems with an occupational health service?  I would be interested to know if any other occupational health services act like ShamefulAurum.

Parents
  • NAS22687 said:

    "I don't need it right now so I don't want to contribute" unfortunately seems to be a major criterion for a lot of people, though.  At least if the newspapers are to be believed.

    WARNING: Political rant:  This applies to many things.  I have lost count of the times a non-union member at work has said this, then wanted advice without expecting to contribute.  Then thinking they can get all the benefits by joining once a problem comes.  And I think the same applies to the leaving the European Union.  There are those who think we can have the benefits of a member and withdraw from the bits that we dont like and not pay anything.  Talk about having your cake and eating it!

    Going back a bit more on topic,

    I have been doing some research on the Equality Act and employer responsibilities.  There is case law (Gallop vs Newport City Council) which says that an employer cannot hide behind its Occupational Health Service when it comes to making reasonable adjustments for disabilities in the workplace (and this includes Autism Spectrum condiitons).

     In other words, an employer cannot use in its defence as a way of avoiding Equality Act provisions the fact that Occupational Health advised that the employee was not disabled.  An employer should itself weigh up all the evidence and is responsible for reaching the correct decision.  I think it is therefore essential to have the report of the autism consultant who carried out the diagnosis, and then make a list of the way the condition affects ones life, both in and out of the workplace. 

    For example, if one suffers sensory overload this will probably mean that it affects ones work as it is affecting concentration and causing unacceptable stress and anxiety, it will also affect one's homelife.  Likewise affects on executive function, balance, and the effects of stress and stimming.  By the nature of autism spectrum disorders they do affect daily life so it shouldn't be too difficult to link them in to examples   As a life-long experience it is already covered in the fact that a disability should have lasted at least twelve months and is expected to last at least another twelve months, so it is only really the 'substantial effect on daily living' that I need to worry about, linking affects to my work and my employer is duty bound then to accept them if these are true (which they are as evidenced in the autism consultants report. I should add that I have a union representative to accompany me, offer advice and speak on my behalf -  believe me it is a lot easier having someone speak for you than having to answer the bull from your manager yourself. 

    I have also asked Access to Work to visit the workplace.  Although primarily concerned with providing funds for ways to keep you at work (help with fares, help with providing training for managers about your condition, special equipment you may need or money for rearranging the workplace, they can also suggest what adjustments should take place.  So I thought this essential.  And then there are other things to be done.

    In order to ensure the employer is fully aware of my condition (and not use the excuse they did not know) I have now written a letter to my manager saying I have been diagnosed with an ASD  and listing the ways that this affects me at work and asking for adjustments to be made and stating that case law says that it is the employer and not Occupational Health who takes responsibility for any incorrect decisions made.  I have then included some questions: Does the employer consider that there is a disability as defind under the Equality Act, if not why not; do they think that they should provide adjustments to the workplace, the work or the way of working, and if not, why not.  I have asked for a reply to be made within two weeks with the answers to these squestions.  Hopefully this will result in the employer seeing sense and entering negotiations for reasonable adjustments.

    So what can be done if the manager still does not want to co-operate?  The first thing, put in a grievance.  This is necessary as the second thing for me to do is to go to Acas and seek 'early intervention'  This is free, but I must also put a grievance in to my employer about my treatment, so the answers to the questions asked will provide me with the grounds for a grievance if they are refusing to give the adjustments or even refusing to answer the questions. 

    Early intervention cannot enforce the employer to take part or even to follow its recommendations, but it can provide a suitable mediation service at no expense.  If the employer again seeks to be unco-operative, the next stage is an industrial tribunal.  This is expensive but in my case the union might help if this is the course of action to take and they think there is a reasonable chance of success.  I might add that I have kept my trade union informed thoughout all this.  Just remember if in a Union and it comes to legal action if you have acted without the approval of the Union and/or the Union solicitors it may be more difficult to get financial support to persue legal action..

    I might also add that I have told my manager that any meetings must be in the presence of my union representative and meetings will be recorded to ensure there are no misunderstandings as to what has been asked for or offered and any notes are accurate.

    So my fight is about to reach some sort of climax towards the end of this month and the beginning of February. 

    Watch this space!

Reply
  • NAS22687 said:

    "I don't need it right now so I don't want to contribute" unfortunately seems to be a major criterion for a lot of people, though.  At least if the newspapers are to be believed.

    WARNING: Political rant:  This applies to many things.  I have lost count of the times a non-union member at work has said this, then wanted advice without expecting to contribute.  Then thinking they can get all the benefits by joining once a problem comes.  And I think the same applies to the leaving the European Union.  There are those who think we can have the benefits of a member and withdraw from the bits that we dont like and not pay anything.  Talk about having your cake and eating it!

    Going back a bit more on topic,

    I have been doing some research on the Equality Act and employer responsibilities.  There is case law (Gallop vs Newport City Council) which says that an employer cannot hide behind its Occupational Health Service when it comes to making reasonable adjustments for disabilities in the workplace (and this includes Autism Spectrum condiitons).

     In other words, an employer cannot use in its defence as a way of avoiding Equality Act provisions the fact that Occupational Health advised that the employee was not disabled.  An employer should itself weigh up all the evidence and is responsible for reaching the correct decision.  I think it is therefore essential to have the report of the autism consultant who carried out the diagnosis, and then make a list of the way the condition affects ones life, both in and out of the workplace. 

    For example, if one suffers sensory overload this will probably mean that it affects ones work as it is affecting concentration and causing unacceptable stress and anxiety, it will also affect one's homelife.  Likewise affects on executive function, balance, and the effects of stress and stimming.  By the nature of autism spectrum disorders they do affect daily life so it shouldn't be too difficult to link them in to examples   As a life-long experience it is already covered in the fact that a disability should have lasted at least twelve months and is expected to last at least another twelve months, so it is only really the 'substantial effect on daily living' that I need to worry about, linking affects to my work and my employer is duty bound then to accept them if these are true (which they are as evidenced in the autism consultants report. I should add that I have a union representative to accompany me, offer advice and speak on my behalf -  believe me it is a lot easier having someone speak for you than having to answer the bull from your manager yourself. 

    I have also asked Access to Work to visit the workplace.  Although primarily concerned with providing funds for ways to keep you at work (help with fares, help with providing training for managers about your condition, special equipment you may need or money for rearranging the workplace, they can also suggest what adjustments should take place.  So I thought this essential.  And then there are other things to be done.

    In order to ensure the employer is fully aware of my condition (and not use the excuse they did not know) I have now written a letter to my manager saying I have been diagnosed with an ASD  and listing the ways that this affects me at work and asking for adjustments to be made and stating that case law says that it is the employer and not Occupational Health who takes responsibility for any incorrect decisions made.  I have then included some questions: Does the employer consider that there is a disability as defind under the Equality Act, if not why not; do they think that they should provide adjustments to the workplace, the work or the way of working, and if not, why not.  I have asked for a reply to be made within two weeks with the answers to these squestions.  Hopefully this will result in the employer seeing sense and entering negotiations for reasonable adjustments.

    So what can be done if the manager still does not want to co-operate?  The first thing, put in a grievance.  This is necessary as the second thing for me to do is to go to Acas and seek 'early intervention'  This is free, but I must also put a grievance in to my employer about my treatment, so the answers to the questions asked will provide me with the grounds for a grievance if they are refusing to give the adjustments or even refusing to answer the questions. 

    Early intervention cannot enforce the employer to take part or even to follow its recommendations, but it can provide a suitable mediation service at no expense.  If the employer again seeks to be unco-operative, the next stage is an industrial tribunal.  This is expensive but in my case the union might help if this is the course of action to take and they think there is a reasonable chance of success.  I might add that I have kept my trade union informed thoughout all this.  Just remember if in a Union and it comes to legal action if you have acted without the approval of the Union and/or the Union solicitors it may be more difficult to get financial support to persue legal action..

    I might also add that I have told my manager that any meetings must be in the presence of my union representative and meetings will be recorded to ensure there are no misunderstandings as to what has been asked for or offered and any notes are accurate.

    So my fight is about to reach some sort of climax towards the end of this month and the beginning of February. 

    Watch this space!

Children
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