I have been sacked from my job

Hello, I have lost my job a few weeks ago and I was sacked for gross misconduct. I used to teach at a university. In one year of working there I wasn't given an EDI training from my employer. Being autistic certainly affected my day to day communications with people. I was off work with a sick note from the doctor for mental health reasons, but the disciplinary hearing still went ahead, and without my union rep there. I wasn't invited to provide a written statement. Has anyone else been dismissed from a job and they believe they had been treated unfairly? I am at my wits end now especially as I can't get a reference from them and my housing was a part of the job. Thank you for nay help and time.

  •  yes - tbh I've walked several times from jobs, which was way before I knew I was AuDHD - so I;ve worked a few places over the years.  But now perhaps I understand it a bit better I may fight my corner a little bit more or at least negotiate a settlement (with Union support).  But the effort to do this may not always be worth the reward e.g. the toll to yourself may be worse than the moral victory, so understand your decision 100%

    The Autism Act and the Disability Discrimination Act and employment laws , may suggest we have some protection and rights ay least on paper, but the reality of the issues we face and how we are treated show different.

  • I decided,  if the don't want me, they don't want me.  Back to the job centre and universal credit.

  •    - that's awfulw what they said, so did they agree reasionable adjustments and were they in place before you were dismissed , did you have a diagnosis at the time they were aware of ?, sounds completely wrong for them to say that, most reasonable adjustment shouldn't cost much to implement and when they do the employee/employer can get assistance from Access to Work (ATW).  Does seem a lame excuse that they should be ashamed about as I'm sure that (if it was a big employer) wouldn't do them well if known publicly 

     That's terrible - did HR or your manager - have knowledge of your Autism ? you would think they would let the OH assessment be done, else I do think they potentially could be in a tricky situation, whether under employement law or disabilitiy discrimination.  Now I've read this post, I may rethink my position on my repliy ealier today  - and say seek legal advice (free or paid) - even without knowing your exact circumstances

  • You can always reach out to ACAS or Citizens Advice (CAB) - to see if you get some free advice.  CAB may advise on your housing options too, if not your local council .  Also you may have already done this - throw the situation in AI like chatGPT, as it may give some advice on the dismissal and housing

    The no-win no fee legal - I suspect they filter for easy wins i.e. less work but they get their cut, rather than having your best interest in mind.

    I understand employers don't have to give a reference - and most are simply say you were employed from this date to that date and this was your role, so I think you just need to accept this.

    Lastly - you then have to consider the time and cost to pursue this yoursel.  it may be difficult enough to get over this event , even if you feel you have been mis-treated, dragging this potentially out for another 1-2 years, you may not come out any better off , other than a small payment , and doing this may be worse for you.  I would think about this once you have your housing sorted.

    I wish you well for the future

    This is for others:

    • Most Unions have 6-8 week period during which you can ask advice (check with the Union on this before joining) but not have Union representation 
    • You can not get legal advice / representation on a workplace issue that has already begun prior to you joining (check with the Union before joining on this item)
    • Personally I think If you're going to request Reasonable Adjustments  or if you are concerned where your 1:1 or chats with your manager are going, then joining a Union as early as possible may help
    • I'm in Unite, my employer has no recognised union, but every employee in the UK has the right to join a Union
    • TUC has a "Find your Union Tool" on its website or your can call or message them, and they will give you options on which Union may fit your sector
  • Thank you for the advice and support. I don't have any home insurance like that unfortunately and I don't own my home. 

    I may do a no win no pay lawyer thing as I think there are several things I have experienced from the university that are discriminating, such as asking the students if they agree I am emotionally unstable and moody for example. 

  • sorry to hear that, that is awful. Hopefully you have found a better job now. 

    I was in the job for about 18 months. I think the lack of EDI training was a disadvantage to me and they never gave me any help with occupational health until the last week when I had to sign a form only to lose my job literally the same day.

  • Hi and welcome to the community, although I'm sorry it's under these circumstances.

    You mentioned in one of your replies that you joined your union too late to benefit from legal advice via that route.

    If you have home insurance, it's worth checking whether your cover includes legal expenses. It's often available as an optional element on home insurance policies, and can include cover for employment disputes - I know ours does.

  • No.  It's my word against them.

    In one job I was fired just before the end of a six month probationary period, so I had few employment rights.  In their words I failed probation.  But other staff were worse than me.

    The management were very slimy at the dismissal hearing.  They pointed out the extra help and support which was made available to me.  At one point my manager made the argument that if I didn't take advantage of the extra help then I was being ungrateful and I wouldn't improve.  Five minutes later he was saying that by taking the extra help, I made myself uneconomical to keep employing.

    In the next job I didn't have my temporary contract renewed.  Although everyone else did.

  • Sorry to hear, truly - I'm in the same situation currently so I know how soul-crushing it can be. Dismissed without notice for gross misconduct. My disciplinary hearing was also held while I was off on sickness leave and without reasonable adjustments given. I was one of their best performing employees for years, recently got promoted, but burnt myself out and then, to make things worse, went through a traumatic event outside of work, which together led to some of the worst mental health I have ever experienced. Still, I never let it affect my work, but yes, there were some difficuties with communication, more so than is usual for me. Told HR I was struggling, openly and candidly... was basically ignored... submitted doctor's notes... none of it mattered. I have learned now to never divulge such personal matters to people whose only interest is to use it against you. I'm not sure how mental health can be called "gross misconduct" that requires a "disciplinary" to begin with but that's the world we live in. Imagine calling the symptoms of literally any other disability "gross misconduct". I spiralled into depression after my appeal was rejected until I realised that nothing I could have said or done could have made any difference; if an employer wants to dismiss you, the decision is already made and they will, no matter what. Obviously can't get employed without a reference from them so I'm going through Acas currently. 

    One thing I will say is please don't let it impact your self-worth! We can only do our best with the cards we are dealt and the world is full of liars and cheaters who will happily bend the rules if it affects their profits... if only they could try living in our shoes for just one day. Happy to chat more if it helps. 

  • did you ever go through ACAS for unfair dismissal may I ask?

  • I am with the UCU. Unfortunately I joined the union shortly after the allegations occurred so I cannot get any legal advice. Thanks for the message. 

  • Sorry to hear

    Are your Union helping you right now ?

  • Know how you feel because I've lost count how many times I've dismissed, not had temporary contract renewed  and been subject to disciplinary procedures over the most trivial incident just as an excuse to get rid of me.

  • Hi River, 

    I am very sorry to hear about you being ill and being dismissed from your job. 

    We have a page dedicated to employment all about what support you are entitled to at work and support when you are out of work that you may find useful: https://www.autism.org.uk/advice-and-guidance/employment 

    We also have a page dedicated to financial help available you may want to look at: https://www.autism.org.uk/advice-and-guidance/finance-money-and-benefits

    The Autism Service Directory may also be useful for you to find local support.

    You can read about your rights relating to a dismissal on the government website, which may be helpful: https://www.gov.uk/dismissal and I would also suggest being in contact with your union as they may be able to help with any legal issues. 

    Best wishes, 
    Alice Mod