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Advice RE: Possible Discrimination

Chris_2301

I'm writing to enquire for advice on behalf of my son. He has Asperger's Syndrome and was recently suspended from university. The way he's explained it to me: He was working a shift at the hospital he's based at, and it was towards the end of the day. He was running behind (or at least felt he was) and had gone to collect something from the store-room. While in the store room, another student came in to ask him a question, and he replied (rather sternly) that he was 'too busy' and to 'leave (him) alone'. He then motioned to get out of the room, and in the process, unintentionally caught the other student with his shoulder. His tutor later pulled him up about this explaining that it was completely unprofessional and uncalled for, which he agreed with. The next day he did his shift as normal, but then the day after, his tutor told him that a complaint had been made against him, and he was subsequently sent home, suspended while an investigation  was being conducted. His tutor was made aware that he has Asperger's right at the beginning of this placement, and, as common traits include anxiety, being unintentionally 'blunt' and poor hand-eye co-ordination, his suspension seems quite harsh considering what happened.

What I would like to know is, as the unit was aware of his condition from the beginning, would his suspension be classed as unfair dismissal and discrimination against him?

  • Thank you for this advice. We have been in touch with Students Union and his Student rep about the incident, who is going to speak on his behalf. Unfortunately, as of now, the investigation is still ongoing and will take at least another 4 weeks. So at the moment, all we can do is wait and hope for the best.

  • Former Member
    Former Member

    The other party in this incident may feel genuinely aggrieved and see this as assault. It would be normal to suspend someone pending further investigation and it would be unfair to them to just carry on as normal. Your son may well need advice and assistance at a hearing, trying to defend yourself is pretty much impossible if you have autism - a union may help or the NAS may be able to put you in touch with an advocate www.autism.org.uk/.../advocacy.aspx

    With an honest apology and some assistance I think this should be managable and he should learn to be more careful - I suspect that he may well avoid eye contact and this can result in this type of encounter escalating out of proportion.

  • 3rd attempt to reply!!!

    Speak to a union - hope he's a member of a professional union or even students' union

    Were needs and adjustments identified at occupational health assessment?

    Sounds like this is a placement as part of a (pre-registration?) health professionals training course. If so, "unfair dismissal" doesn't apply in education, only in employment.

    Discrimination in education is included under the Equality Act, so would be relevant to consider whether it's a placement or employment.

    Hope this helps. Sorry it's brief and in note form - getting frustrated with failed attempts to post!