Problems at work

lw84

HI,

I was diagnosed with autism as an adult (35) around a year ago. I have spent some time unemployed mainly caused by Covid lockdown. However, I have a job in hospitality that I have been at now for about 8 months.

I will preface this with some context:

I got this job through the Autism at Work Programme and though I enjoy the work and most of my colleagues, there has always been some issues with senior management. They were offered training about autistic employees in the workplace several times which they did not take. They were also given my autism profile to help them understand what is helpful to me at work and what is not. In the profile I explained that I have some problems with task switching and that whilst I might not look busy, I am actually processing one task to the next - my boss said he understood this and that I was doing fine.

One shift, I asked my boss if I could go home early (I had about 3 hours left of my shift and had powered through the most of it) because I had a bad headache. He proceeded to shout at me, telling me I was not being a team player, I was letting everyone down and that a headache was not a reason to go home. Then he left the room and told another coworker (loudly) that he bets I won't come in the next day and that I am using my headache as an excuse to be off work. I don't think it was right or fair of him to disclose my medical business loudly so that many people could overhear and also perceive me as being sly and a liar.

On my rota, my days off are Tuesday, Thursday, and Friday.  I have already explained at work that I get headaches from time to time, and that they are made worse by stress and the energy it takes to mask. One Wednesday a few weeks ago, I called in sick because I had a migraine. My boss accused me of taking this Wednesday off so that it would mean I had four days off in a row and that it is 'convinient' that my sick days overlap with my day off. He does not seem to understand that, with the way the rota is organised, ANY sick day I have will ALWAYS overlap with my days off?

This week I was called into HR and completely blindsided by a conversation about how my absences are jepordising my role. I have not had many absences at all - the most was when I had Covid and was told by my boss and HR to not come in and that I had cover, but 99% of the time I like to think I am a reliable employee. They also mentioned that I was not productive - when I asked what I can do to fix this, I was told 'be more proactive and look busy' which is vague and unhelpful. 

I am in a constant state of anxiety at work which drains me further. I am looking for advice really - on PIP, job coaches, work mentors etc and how to go about getting them. I just want some additional protection at work because I am terrified of being fired. I also feel that I am not being taken seriously about my autism at work because the things on my autism profile and the offered training has been ignored. Anything anyone can advise me of or your own experiences is valuable to me.

Thank you

MW123

@lw84 Welcome to Scope.

It is evident that your management lacks understanding and support regarding your autism and your needs as an employee. This situation is concerning, especially considering the protections afforded to you under the Equality Act 2010. Your employer has a legal obligation to make reasonable adjustments to support you in the workplace, and the behaviour you have described from your boss and HR could potentially be considered discriminatory.

You obtained this job through the Autism at Work Programme, which could be an invaluable resource in your current situation. I would recommend contacting them to request additional support or even mediation with your employer. They may be able to provide guidance or intervene on your behalf to improve your work environment and ensure that your rights and needs are being properly addressed.

To qualify for PIP, you need to meet specific criteria outlined in the assessment descriptors. I am not an expert on this process, however, I am confident that one of our members who is more familiar with procedures will see your post and be better placed to advise you.

I sincerely hope your situation improves soon, as what you are experiencing sounds very unpleasant and upsetting. No one should have to endure such difficulties in their workplace, especially when dealing with the challenges of autism.

kc1978

I really cannot believe the attitude people face from employers.

First point, I would be seeking support from the Autism at work team, and raise a formal grievance about several things

1. The disclosure of your medical information your right is protected under Data Protection. The fact he also made assumptions to the employee, was done to sow discord. A great manager doesn't need get his hands dirty but will give the mud to sling.

2. HR are aware of the diagnosis, so having given you a meeting out of the blue and without time to get appropriate support, I would believe is unfair, would knowingly cause you stress and anxiety.

2. With support I would ask to see a copy of Thier disciplinary policies and disability policies, they may have breached your rights to reasonable adjustments in that there was no consideration for your mental wellbeing.

3. I would ask them how they have identified your sickness being a problem? Have they used a Bradford score? Ask what are the highest Bradford scores (if say confidential) the scores are not as long as they don't give details of the people.

4. Have they done any meetings prior to this, supervision meetings, probation meetings.

The problem is and this is awful, employers are terrible in that if you have worked there less than 2 years, they can sack you and there is little risk financially.

By law, you can usually dismiss an employee with less than 2 years service without the need to demonstrate a fair reason for the dismissal.

The main potential pitfalls that an employer should be aware of when dismissing an employee with less than 2 years’ service include:

Automatically unfair dismissal

Unlawful discrimination

Breach of contract.

I would 100% getting help to deal with this. Because they appear to either getting you to leave by throwing lots at you at once, inappropriate discussions, raised voices.

It maybe that with discussion with your work organisers, they support you find more understanding employee.

If they are treating you like this do you want to work long term for them. Maybe you want to stop this behaviour and stand up for your rights.

Don't let them make you quit, without speaking to some one as this could delay any claim for benefits of you need them. You could claim that it was constructive dismissal, but you need to show that there behaviour left no choice, hence getting the organisers documenting and supporting ASAP.

A lot of things could be relevant, and I have seen to many people go through this.

Companies love to have positive employment disability statistics , for Thier "supportive business".

Reality is that it means nothing cause they are awful employers and don't follow Thier own policies.

Please keep updated, how things go, and anything you think may help others who may go through similar situations.

But it's great you have reached out for support and advice, and I hope that you get a positive outcome.

Good Luck 🤞

Jimm_Scope

Welcome to the community @lw84 😊 I'm sorry to hear about the issues and confrontations you've had at work. Especially where your manager shouted at you because you had a headache. That isn't appropriate in any circumstance. As the other replies have said, I would reach out to the Autism at Work team. They should be greatly placed to help advise you and maybe the can even be a part of the communication process with your employer.

Please do update us with how you are doing! Can I ask, after you've had any absences, do they properly sit down with you and fill out any Returning to Work paperwork? If absences were becoming an issue for your employer you really shouldn't be blindsided by a HR meeting like this. I hope you manage to find some resolution to this.

lw84

Thank you all so much for your replies.

I have been keeping a diary for a while and have many incidents logged. Some I have brought up with my boss or HR in the past but have been ignored. One time when I went to HR about my boss and his behaviour, he shouted at me again and told me that he couldn't work with me like this and since then I have felt anxious about bringing anything else up because my job doesn't feel secure. HR's repsonses are nothing short of gaslighting too. I am often told that my boss is a 'people pleaser' and that is why he behaves the way he does. 

Another point I forgot to make in my original post was that I was told by the head of HR that I am not allowed to take my breaks at the same time any more - I have taken my breaks at the same time since I started this job and been told my my boss that it is fine to do so. These breaks mean I finish late and have a 1.5 hour commute home so by the time I get back, I am exhausted. I don't know why the head of HR has anything to do with when I take my break when my boss who I report to has said it's ok?

The Autism at Work programme has now closed unfortunately. I was given a list of resources to work with but so far nothing has been as valuable to me than the support I got from Autism at Work. So far, I have drafted a letter asking for some reasonable adjustments which are to be given 48 hours notice before any meetings or informal chats so that I can prepare or, if neccessary, have someone to support my communication needs. Also, I have asked for clear guidance on tasks that need improving other than a vague 'be proactive' as I am unsure how to interpret this. 

I have also looked into the grant from the government Access to Work - I am not sure if anyone here has used this but I think it would be useful to fund a job coach and a workplace assessment. They also offer 9 months of mental health support which I think would be useful for me because going to work makes me so very anxious.

@MW123 - I have found a great PDF with information on it with how to fill out a PIP form specifically for autism, looks like this could be very helpful!

@kc1978 - Thank you so much for all this information. I had never heard about the Bradford score so this is something I will ask about. In the past I have had one performance review meeting - I took an advocate with me who helped me communicate and my employer and one of the HR staff who also attended said everything was going very well.

I agree with you on the point about employing disabled employees to look good. I feel like a tick box exercise and that if they really cared about diversity, there would have been support and adjustments put into place before I even started.

@Jimm_Scope - Thank you for responding. My boss usually comes to me after an absence and just asks why I was off sick and then fills out a form but there hasn't ever been any indication of sickness being a problem. I am confused because, according to my work app, my sick days are 4.5 days total in the 8 months that I have worked there.

WhatThe

I have also looked into the grant from the government Access to Work - I am not sure if anyone here has used this but I think it would be useful to fund a job coach and a workplace assessment. They also offer 9 months of mental health support which I think would be useful for me because going to work makes me so very anxious.

Unfortunately, this scheme ended last month. I drew attention to it in another post.

I have had one performance review meeting - I took an advocate with me who helped me communicate and my employer and one of the HR staff who also attended said everything was going very well.

You're doing everything right and being tested like this is infuriating 😑

kc1978

Unfortunately a lot of schemes were dependent on funding, it's annoying to hear that many organisations that support disabled individuals into work are closing, at a time when all we hear is that disabled people will be supported back to work.

I think the first thing government needs to do is train employers how to be more flexible and in some cases just more human.

I would consider contacting ACAS, they maybe able to support, in terms of a advocacy/mediation.

I am sorry an manager would say "he can no longer work with you," have you noticed however he hasn't terminated your employment!!!!

Says to me that they are aware that they know they can't!

I have managed several large teams in my careers. I have had to terminate people. If I was at that point, it would have already gone through disciplinary process and happened.

Have you had any formal hearings?

Have they ever given appropriate notice and explained your rights to representation?

Have you received and outcomes verbal warnings , written warnings.

Jim makes a good point, Return to work are part of Health and Safety at work. Someone's ability to do their job can be affected by health conditions, whether or not they are caused by work.

Several laws are relevant when managing sick leave and return to work. These include the Equality Act, the Employment Rights Act and the Health and Safety at Work etc Act.

Employers should have policies and procedures on managing sick leave. You should develop these in consultation with workers and their representatives. 

If they haven't then they could be in breach of the Health and Safety at Work Act also.

Definitely seek support, there's a lot going on, and you are entitled to support to ensure you rights are protected!

Journals/notes are great evidence. Especially if include actual comments.

Good luck. Here's a link may help

https://www.acas.org.uk/disability-at-work

Jimm_Scope

I strongly agree with @kc1978 here @lw84. Contacting Acas is a good step to getting the right advice on what to do.

My partner, who is currently going for her autism diagnosis, went through something very similar a few years ago. She was told that everything was great, her work was great and there were no issue with absences, until one day during what was meant to be a regular one to one with her manager someone from HR attended and listed all the issues that had reached a point "where we have to consider if your continued employment is in the interests of the business". It was really devastating for her.

I have to say, you sound like you're handling this quite well from my perspective! I realise it's probably incredibly nerve-wracking and stressful, but you recognise that what they're doing is wrong and you're doing something about it.

I would record any meetings if possible, and try to communicate via email or text as much as possible so you have a virtual paper trail.

I'm sorry that the management at your job don't seem to have much empathy. I know you like the job and your colleagues, but what you've said about the management is quite concerning.

kc1978

@Jimm_Scope it's amazing how often I have heard stories like @lw84 and you partners.

Where out of the blue suddenly HR appear and issues are given.

Where actually employment protection is clear that issues have to be addressed at the time and not "saved" for annual appraisals.

However as soon as HR involved many individuals will look for new jobs or leave.

I think it would be interesting piece of research if not already done to look at disabled individuals who are working and their experiences, did companies policies meet the actual behaviours, and how disciplinary processes were applied when implemented.

I believe that like myself when I was working, people will not speak up, ignore things, and accept negativity due to fear or repercussions or are tolerant because we understand certain challenges employers face , but they have done as much as can.

I worked in company that had employed "large numbers" of disabled individuals.

When the disability in terms of the equality act , did not meet the standard. However HR were so afraid to deal with performance issues or conduct, as individuals had self identified as disabled. Therefore they were given "protection".

Many disabilities are hidden, and variable symptoms.

I struggled to access disabled toilets in offices where only one wheelchair accessible toilet, with hand rails was often used and prevented from being used by disabled individuals with non physical disabilities.

It was known many people used them as other toilets were cubicles.

I asked for a radar key lock be installed and they would not. So I had to leave on several occasions as incontinent. In stead of dealing with the issue.i was asked to bring in a change of clothing.

It's such a challenge to ensure rights and protection for disabled individuals but also employers must be able to follow processes when required and prevent abuse of those protections.

If anyone has seen anything on disability research around employment would appreciate the link.