Ayup! – I’ve been sent down the A-Road by my employer

Hello All, I am a female civil engineering technician from the East Midlands with over 16 years experience of highways, rail, drainage etc. and I have recently been diagnosed with Autism Spectrum Disorder (ASD) aged 39.

My journey began when I was signed off work with anxiety and depression in the summer. Things hadn’t been going well with the job. There had been a number of fall-outs with others, misunderstandings and so on. In fact, I have struggled to keep a job all my working life.

While I was off, one of the associate directors where I work suggested that I use the time to reflect on what triggers my stress/anxiety. Instantaneously, I said ‘noise’ in reply and mentioned that my desk neighbour’s constant, vibrating, push notifications were reverberating through my arms and driving me to despair.

Anyway, I began to research online and as one of the many things that I have been criticised about by my managers is being overly sensitive, eventually I came across some research by Elaine N. Aron concerning the use of fMRI scans to measure empathy and her theories concerning “highly sensitive persons” “affected by sensory processing sensitivity that makes them more emotional” in the Daily Mail.

I completed the questionnaire on her website and scored very highly and then when reading the FAQ section afterwards, I came across this question: How does sensitivity differ from Autistic spectrum disorders (Asperger’s Syndrome, etc.)?

In the meantime, my employer wasn’t satisfied with the two occupational health professional’s reports they had previously commissioned so they arranged for me to see a neuropsychiatrist who eventually diagnosed me after an appointment that I made privately as my employers didn’t want to pursue it any further once told after their initial probe that ASD was more than probable.

Once ASD had been alluded to, my employer attempted reductionism by means of soliciting the advice of an ergonomist, someone who would normally deal with display screen assessments and seated posture, interestingly, also behavioural safety in relation to the design of nuclear plant control panels and software interfaces - just not autism.

I am grateful to my employer in that I now know why I am a serial leg bouncer and chair rocker. In fact, my earliest memory is looking down on a pair of socks pulled right up to my knees and the obligatory pair of 1970’s t-bar shoes and having my legs smacked by a well-meaning aunt who insisted that I must behave and keep still!

However, I have encountered an awful lot of ignorance and prejudice at work having been accused of trying to use my disability to my advantage in order to see the psychiatrists reasonable adjustments concerning a quiet working environment implemented.

I have engaged with ACAS to try and get my employer to compromise over my environment but they say that letting me work out of one of their 4 x quiet rooms which are empty 99% of the time would be too disruptive to the business.

Also, I made a business case for flexible working from home by means of a statutory request following the Stevenson and Farmer review of mental health at work on the basis that I wouldn’t need time off with anxiety and depression if I were allowed to work in an environment conducive to my needs but to no avail.

I am currently signed off by my GP researching employment law precedents and waiting for the employer to conclude its deliberations and inform me of their decision in writing.

Parents
  • I'm hypersensitive to noise too. Two of the adjustments I have are fixed time in a private office to carry out admin. I also have a working from home day each week to help me manage my anxiety. I work in HE and private space is very hard to come by but I've found if an employer wants to implement these things they'll find a way. Although I have worked in very supportive environments, I've also worked with some numpties who go out of their way to make things difficult.

    Have you contacted Access to Work (A2W) for a free independent assessment of the support you need? As well as recommending RA they may also pay for certain support, such as autism awareness training for your employer. The report from A2W will also be useful if you have to take things outside of the institution. Another useful support mechanism I've found is taking a union representative to meetings with you. They can be a lot more assertive with your manager.
    If your employer continues to refuse to make adjustments to allow you to work in a quieter work environment I would follow your employer's formal grievance procedure. If they feel that they cannot give you the adjustments you need (or they just don't want to help and would rather terminate your contract) you may be offered a settlement agreement to leave - usually 6 months salary. Once you have worked through the complaint procedure if you do not have a satisfactory outcome you can then take them to an employment tribunal
  • I got the impression that Access to Work grants wouldn't pay for reasonable adjustments but I will look into it more. I had though about seeing if they would get me an acoustic pod and would wheel me about in the pod on castors where they want me! They don't have unions here and I tried the grievance and retracted it when it looked as though they were going to implement the ergonomists recommendations but then the next day I got shouted at and I regret not seeing it through. Thank you very much for your advice and for your time! I shall read through all the replies people have sent me and check the links out properly now.

  • Although you've retracted your grievance once you can start the process again. By retracting it the first time your employer may have gotten the wrong end of the stick and thought they could push you around. Employers can be sneaky sods. A previous complaint I made was pushed under the carpet by HR as they said my manager hadn't done anything wrong. Once I started the employment tribunal process they offered my a significant settlement fee which I took as an admission of guilt. 

    How much Access to Work will fund depends on the size of the employer. At a small college, they funded the technological and human support I needed. When I worked for a large uni they would only pay for the human support, which included the awareness training.

    Just a word of warning about acoustic pods - I've used them before and they didn't help as some noise still got through and I could still see movement from my colleagues. Rather than getting your employer to buy things and then having to admit they don't work (if they don't) it might be better to push for the working from home and use of the private meeting rooms. if your employer believes they wasting money on you by buying things that don't work it could anger them further.

Reply
  • Although you've retracted your grievance once you can start the process again. By retracting it the first time your employer may have gotten the wrong end of the stick and thought they could push you around. Employers can be sneaky sods. A previous complaint I made was pushed under the carpet by HR as they said my manager hadn't done anything wrong. Once I started the employment tribunal process they offered my a significant settlement fee which I took as an admission of guilt. 

    How much Access to Work will fund depends on the size of the employer. At a small college, they funded the technological and human support I needed. When I worked for a large uni they would only pay for the human support, which included the awareness training.

    Just a word of warning about acoustic pods - I've used them before and they didn't help as some noise still got through and I could still see movement from my colleagues. Rather than getting your employer to buy things and then having to admit they don't work (if they don't) it might be better to push for the working from home and use of the private meeting rooms. if your employer believes they wasting money on you by buying things that don't work it could anger them further.

Children
  • Thank you so much for the most welcome advice about the acoustic pods, I shan't mention those then!

    I would resubmit the grievance but I have written to them this week to ask if they planned on stretching things out until February as I made the business case in the statutory request for flexible working mid-November after they reneged on implementing he ergonomists advice and had a go at me the day after I retracted. I need for them to reply first then I can re-do the grievance or appeal.

    Thanks for your help!