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The battle is over now the war starts (employment tribunal)

Mr T

My ET1 for tribunal for disability discrimination has been filed. Looks like I'm in for an arduous process but I MUST stand up for my rights as an autist. At my age (middle fifties) I am not going to take all the crap that has come my way since officially becoming disabled under the eyes of the law.

I am under no elusion that this will be hard to get through but I have come so far and been treated so badly that my sense of justice won't let me quit.

I will probably need this community to support me in the dark days ahead with wise and some not so wise comments. I am still officially employed and will stay so as my lawyer has advised that constructive dismissal is a difficult one to prove. However, I have a feeling I will be dismissed in the coming weeks or months. I am waiting on a DSAR from my employers but this has been pushed back to August because it is complex. I did receive my occupational health DSAR and make some interesting reading about my managers' opinions and communications regarding me and my health and disabilities. It may not be the smoking gun but there definitely is a strong whiff in the air.

Now the waiting starts.

to be continued......

Parents
  • Mr T said:
    my lawyer has advised that constructive dismissal is a difficult one to prove.

    This is so true.

    Remember to keep all correspondence in writing (tell management and HR in advance that you need this) and if they refuse then insist on recording all conversations. Keep copies of these safe outside of work in case you find your access cut off suddenly.

    I have seen a lot of this sort of situation in my 2 decades in management and I suspect that your manager wil try to make life as uncomfortable for you as they can get away with in the hope of you quitting. There are a wide range of techniques they can use for this so this is why I would insist on everything being recorded.

    Where there are questions about performance then ask them to be specific about what performance criteria are to be used and make them confirm if these are used for other staff performing the same role (otherwise it is unfair if you are being held to different standards).

    Where you are unsure about something then always ask about it in writing (and keep copies of course) which proves you are going the extra mile to ensure you are able to meet the performance criteria they ask for.

    Keep anything in working hours strictly about work. Don't answer your personal phone, check your personal emails etc outside of clearly designated break times and areas.  Give them no hint of wasting work time - this alone is likely to frustrate them enough to make mistakes.

    At the end of the day if they start to get difficult with you then you are much better off starting to look for anothe job. Update your skills, refresh your CV / LinkedIn page etc and get applying for jobs and make sure you have copies of any of your files somewhere safe.

    I get it that your sense of justice may make you want to prove you are right, but in my experience this rarely ever works out and they end up breaking you through the approach of a thousand cuts.

    If you end up mentally broken by the process then it really isn't worth it. Find a way out and go - chances are you will be able to get a better role somewhere else and be wiser from learning from the current situation.

  • in reply to Iain
    Iain said:
    If you end up mentally broken by the process then it really isn't worth it.

    Too late for that I'm afraid but I am resilient and will stick this out. 

    Iain said:
    I have seen a lot of this sort of situation in my 2 decades in management and I suspect that your manager wil try to make life as uncomfortable for you as they can get away with in the hope of you quitting. There are a wide range of techniques they can use for this so this is why I would insist on everything being recorded.

    I already ensure that meetings are recorded on teams after a previous incident where I was told to stop rolling my eyes. I'm autistic and can't help that.

    I am sure a DSAR when I get the information back will help me prove things I already know or suspect. Already had my occupational health records showing my managers pushing to get me out and questioning my suitability in light of my ASD.

    Finally thanks to everyone who has replied or read this thread.

Reply
  • in reply to Iain
    Iain said:
    If you end up mentally broken by the process then it really isn't worth it.

    Too late for that I'm afraid but I am resilient and will stick this out. 

    Iain said:
    I have seen a lot of this sort of situation in my 2 decades in management and I suspect that your manager wil try to make life as uncomfortable for you as they can get away with in the hope of you quitting. There are a wide range of techniques they can use for this so this is why I would insist on everything being recorded.

    I already ensure that meetings are recorded on teams after a previous incident where I was told to stop rolling my eyes. I'm autistic and can't help that.

    I am sure a DSAR when I get the information back will help me prove things I already know or suspect. Already had my occupational health records showing my managers pushing to get me out and questioning my suitability in light of my ASD.

    Finally thanks to everyone who has replied or read this thread.

Children
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