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Employer tribunal

PinkPomPom

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

  • Hi there, I took my employer to employment tribunal for discrimination. PLEASE BE AWARE OF THE RULE  that Discrimination claims must (usually) be brought to the employment tribunal within three months of ANY discriminatory ACT occurring. Employers know this and will try to make any act "out of time" by delaying meetings etc. The one thing I will say you need is a Solicitor, and they need to be able to present your case at the tribunal.You should tell your employer and make sure you have a witness - that you are seeking an autism diagnosis and tell them what your difficulties are. ACAS are there to save money being spent from the public purse, they are not "there for you", however you will need to complete the ACAS requirements to go forward into a tribunal. Tribunals are about your employer breaking the law and you proving it, so it is not easy.

  • in reply to NAS84391

    Thank you for sharing your experience with me. Luckily it is blatantly obvious (even to an absolute idiot!) that he’s broken employment law and discriminated against me. I have too much evidence, and unfortunately for him he’s too cocky and probably didn’t think I’d ever take it this far, so has been very lax in his behaviour towards me. I will look into a solicitor. Although I believe I have such a strong case that I’m unsure if I’ll need one!

  • in reply to PinkPomPom

    I didn't have a solicitor, i went to place like Citizens Advice, and they told me Courts are quite understanding that you're the little boy, standing up in front of the bad boy. On the bench there were 3 judges listening to our stories. I think the main one was a solicitor of some sort, and knew the law. The other 2 i think, were volunteers, One came from the business sector, and so probably swayed towards my boss, the last one was perhaps a Union man and swayed towards me. So i never felt bullied. When they decided towards me they asked, do you feel confident enough to come to a fair agreement, if not we'll step-in and order what must be done, This MD wasn't in Court only my old boss, the accountant, who i thought of as a friend, and he'd brought the company solicitor with him.

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  • in reply to PinkPomPom

    I didn't have a solicitor, i went to place like Citizens Advice, and they told me Courts are quite understanding that you're the little boy, standing up in front of the bad boy. On the bench there were 3 judges listening to our stories. I think the main one was a solicitor of some sort, and knew the law. The other 2 i think, were volunteers, One came from the business sector, and so probably swayed towards my boss, the last one was perhaps a Union man and swayed towards me. So i never felt bullied. When they decided towards me they asked, do you feel confident enough to come to a fair agreement, if not we'll step-in and order what must be done, This MD wasn't in Court only my old boss, the accountant, who i thought of as a friend, and he'd brought the company solicitor with him.

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