Employer tribunal

Hi all.

I currently have a case open with ACAS against my employer for discrimination (not related to autism or disability). There is of course a possibility that my employer will not resolve this and it may therefore go to tribunal. 

I do not have diagnosed autism. However, I am on the waiting list for an assessment. I find it extremely difficult to listen to people talking/asking questions, process what they’ve said and answer them in that precise moment. This will obviously be problematic should I need to go to tribunal where my employer and his lawyer will be asking me questions. 

My question to you - despite not having a diagnosis, will I be able to ask for reasonable adjustments to be made on the basis that I am awaiting diagnosis? If so, would it be reasonable to ask for a list of their questions beforehand?

It may not go to tribunal but I cannot stop obsessing over this fact and therefore need it answering please if you can. 

My employer is not aware that I am awaiting an autism diagnosis.

Thank you. You are all so very knowledgable and helpful so I hope you are able to help me.

Parents
  • Do you know yet how long it will be until you would have to go to tribunal? Depending on how long you have you could try to get a diagnosis before then privately if you think that would help? Not sure if it worth it. I was diagnosed through Sara Heath: Autonomy Plus - Pre-Diagnostic (shropshireautonomy.co.uk) . She does the pre-diagnostic assessment, if she thinks you are autistic, you can make an appointment with a consultant psychiatrist that she works with who will then have access to her report and do an assessment. I am not sure how long the wait times are at the moment, I think possibly around 3 months for the whole process but you would need to ask as it might change (For me the situation was a little different as I was moving countries a lot and ended up having the prediagnostic assessment while abroad and only realised later when moving back to the Uk that I could use this to receive a formal diagnosis). I think it is relatively affordable for a private assessment and I had a good experience. Not sure if this is helpful but I just wanted to mention it in case this might be an option for you. 

Reply
  • Do you know yet how long it will be until you would have to go to tribunal? Depending on how long you have you could try to get a diagnosis before then privately if you think that would help? Not sure if it worth it. I was diagnosed through Sara Heath: Autonomy Plus - Pre-Diagnostic (shropshireautonomy.co.uk) . She does the pre-diagnostic assessment, if she thinks you are autistic, you can make an appointment with a consultant psychiatrist that she works with who will then have access to her report and do an assessment. I am not sure how long the wait times are at the moment, I think possibly around 3 months for the whole process but you would need to ask as it might change (For me the situation was a little different as I was moving countries a lot and ended up having the prediagnostic assessment while abroad and only realised later when moving back to the Uk that I could use this to receive a formal diagnosis). I think it is relatively affordable for a private assessment and I had a good experience. Not sure if this is helpful but I just wanted to mention it in case this might be an option for you. 

Children
  • I’m hoping I won’t have to go to tribunal to be honest, but you never know. My employer (now ex employer) is very stubborn, but there is no way he can think he will get away with what he’s done. He has blatantly broken employment law, he would have to be an absolute fool to think he can get away with it. Anyway, thank you for this. I hadn’t thought of getting a private diagnoses before hand - I’ll look into it!