Discrimination at work, not sure if I need a representative or advocate to help if it goes to tribunal

[Shanni91]

My Line manager rejected my flexible work request at an informal meeting without stating clear justifiable reasons, her reasons were based on opinions and concerns what others might think if I got to work from home more than them which didn't seem fair because I disclosed I am Autistic which they kept ignoring. My line manager referred me to occupational health and didn't bother to follow up the outcome or discuss the recommendation for noise cancelling headphones which made me feel ignored and helpless.

My line manager didn't like that I spoke up about the truth after the unfair meeting, she previously agreed to doing another meeting but then pulled out and passed it onto a new manager who didn't even know me or my job. My line manager ignored me thereafter, I felt shunned for speaking up in the workplace. The new manager called me and straight away told me she didn't think she could accept request and made up excuses over the phone stressing me out even more and making me upset. I told her that I did not want to discuss my request over the phone and after the stressful phone call I made it clear to her that I preferred her to communication with me via email. She made me feel very uncomfortable, it didn't feel like she understood or cared about my needs.

I didn't feel comfortable doing the meeting they set up because of my anxiety and sensory issues and I couldn't find a representative . I asked a member of HR if it could all be done in writing instead of meetings. She said no and that I had to do the meeting, I felt pressured. The meeting was horrible, the line manager and member of HR were both against me looking for excuses to reject my request and raising issues I'd never heard about making me shocked, confused and upset. The manager initiated the meeting and kept going on and on about why she was going to reject my request, it felt very defensive and unsupportive. They made the decision to reduce me work from home days back down to 2 days per week and made no effort to discuss ways to make my request work or look at alternative adjustments that could help me. I cried in the meeting because it was so stressful and unhelpful, it felt like they didn't care and were trying to get rid of me. I told them that I found it difficult to tolerate the long commute because of sensory overload and found it difficult to fully control the work environment as well. Her outcome letter contained indirect blame for increase in bank expenditure which was something I'd never been made aware of previously and I didn't understand why management were letting my colleagues (who have different jobs and pay grades) do parts of my job in their overtime without me knowing about it and then using this as an excuse against me in the meetings and letters to reject my request. It felt deceiving and conniving.

I asked the manager and member of HR if they had read my Occupational Therapy letter and they said no. It felt like a complete waste of time being referred to occupational health if they weren't going to follow up the outcome. The manager and member of HR kept criticizing my GP's fit as not being clear enough and kept pressuring me to get a clearer fit note when it seemed clear enough to me, it stated may be fit to work taking into account the advice for workplace adaptations and amended duties which they didn't offer me. The new manager who didn't even know me started commented on quality of communication and relationships within the team and used this as another excuse as to why I need to be in the office more than working from home, which discriminates against my impairment and difficulty with social interaction and preference for written communication. I have communicated mainly via email for a very long, I didn't appreciate how this new manager was criticizing me and making me feel like a problem. I felt like I was being bullied and they were trying to make me leave.

They said from looking at my fit note they think I am not fit to work. I asked the member of HR what would happen if I didn't get a clearer fit note, she said it could be an insurance risk for them if I had a health problem at work. I got a clearer fit note but still no effort from them to support my needs to help me stay in my job. I felt forced by them to remain on long-term sickness without any support from them to help me return to work. I felt ostracized because of my condition and difficulties, my depression, anxiety, stress and sleep got worse. I emailed the new manager (and copied in the senior manager) asking if the hospital could pay towards getting me noise cancelling headphones and she said she didn't think they could because I didn't have a confirmed diagnosis, she said she would enquire about it but never got back to me about it. Every time I tried asking for help or looked for a solution it felt like they kept creating barriers which wasn't helping and stressing me out. I sent an appeal letter to the senior manager who took a while to respond and she also rejected my flexible work request and suggested another work desk assessment which I already had and didn't help. There was no proactivity or clarity in how they could support my needs and they made no effort to help me return to work I was just left to be on long-term sickness because they assumed I wasn't fit to work. I felt so upset and distressed with how I'd been treated that I couldn't see myself returning to the workplace and ended up resigning. The unfair treatment and bullying that led up to me resigning felt like constructive dismissal. They delayed their responses which delayed my decision to resign and prolonged my sickness record. I now have to find a new job which could take me up to a year to find and I have long-term sickness on my record which could affect my chances of getting a new job. This could go to tribunal. If it does I'm not if I can get a representative or advocate to help me with the process, it might be too stressful for me.

[Bee-bop]

Hi Shanni91,It sounds like you have had a rough time of things in this workplace and it can be exhausting and stressful trying to get through these things alone, which it sounds like you have been doing. Workplaces can refuse reasonable adjustments but, there needs to be clear reasons for that and it sounds like they have chosen to instead pick at your reasoning for needing those adjustments. I would suggest contacting the citizens advice bureau in your area or disability services to find out about advocacy in your case. If you Google advocacy and your council Borough it should also bring up advocates in your Area. You could also contact the national autistic society for support.

[Blucher67 in reply to Bee-bop]

Work has told me that it is my sole responsibility to fix my autism - No support in Mid-Kent (Canterbury area) - Any suggestions?

I have a doctorate in chemistry. In two meetings that were "Informal" I was reduced to that vulnerable autistic inner child. Accused of bad behaviour and intimidating because I raised my voice (I have a naturally loud voice) and I jestured to point at one of my accusers. I was lynched by the HR Consultant with the managing director and my new manager looking on.

They refused to discuss the rcommendations from the Occupational Health Company that had been commisioned. Only next month management are going on a Neuro-Diversity Course. One year after I was diagnosed as Autistic (formerly known as Aspergers). My "bad behaviour" etc... is solely my problem to resolve and they have refused to consider it is their legal obligation to give me suitable support. I am being occassionally triggered and then shammed for responding.

Does anybody know anybody to will advocate, support or say anything. I have contacted all the Autistic charities, mental health, advocacy organisations and disability action. This amounts to 26 organisations. I get we do not cover your area, not in our remit, you are employed (seems to a crime to be autistic and so unusual), too old at 55 we support up to 25 years, you are a functioning person with autism, we only deal with social care.

Thoughts and suggestions as I am at the end of the tether.

[Bee-bop in reply to Blucher67]

How utterly disappointing to hear this Blucher67. I can understand how frustrating it might feel and I would suggest the National Autistic society and Citizen's Advice Bureau as these should be able to signpost you to a local advocacy service. We have a disability living service run by volunteers here that is brilliant and I hope there is something similar in your area that you can be signposted to. We found out about ours through the social prescriber that is attached to our GP's surgery. Do you have such a person?

[Blucher67 in reply to Bee-bop]

I have talked to the GP Social Prescriber. There are no provision for Autistics in employing in my part of Kent. I have now talked to over 30 organisations. It is finding someone to give a reality check to the company that they have been poorly advised that doing a few hours on Neuro-Diversity training is sufficient. I am not asking for much just giving me a short time to disengage, avoid triggering etc... In two meetings with HR Consultant and Managing Director with the new line Manager observing, I was stripped back to the 13 year old autistic child who had just lost his father. I could not find anyone to accompany me so they would play fair.

I understand what they have broken employment law, HSE regulations, duty of care and the Equality Act 2010. It is that I am in no position to point this out. The Union that I have joined have refused to get involved because this is a pre-existing issue.

[Bee-bop in reply to Blucher67]

This is a shocking situation to hear about Blucher67,

It sounds like you are going in circles just to have your rights met. Unfortunately many neuro typical people cannot understand difference and try to fit everyone in the same box. When there were repairs at a university near here, my friend with a walking difficulty (and a blue badge) was told they aren't entitled to a student disability parking space because they are a member of staff. Instead of them helping my friend they tried to shame them. I find it very disappointing that those of us that have difference are made to feel that difference is 'wrong'.

Have the National Autistic Society offered no support? I do not understand how your union cannot support you in this matter either. There's another act that the conservatives brought in the Autism Act of 2009 that might be useful too.

[Blucher67 in reply to Bee-bop]

Yes the only box someone is going to fit me in will be a coffin.