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Is disciplinary action due to a disability or arising as a result of it, discrimination?

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sceneparade
sceneparade Community member Posts: 95 Courageous
edited January 2021 in Work and employment
I am legally protected for my disability. However, I have a meeting with management due to my selective mutism arising from my disability.

Can I be punished for selective mutism?
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Comments

  • Ross_Alumni
    Ross_Alumni Scope alumni Posts: 7,652 Disability Gamechanger
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    Hello @sceneparade

    Hope you're well.

    An employer shouldn't take disciplinary action based on a person's disability impacting their performance, instead the employer should look at making reasonable adjustments, do you have these in place?

    Just wondering what you mean by punished in this context? Was the meeting called because of the impact your condition is having on your job?
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  • [Deleted User]
    [Deleted User] Posts: 1,651 Connected
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    Sorry but if an employer did that to me I'd strongly consider taking them to the cleaners under the 2010 Equality Act for discrimination.


  • janer1967
    janer1967 Community member Posts: 21,964 Disability Gamechanger
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    Hi and welcome 

    When you say meeting what sort of meeting is it 

    If it is disciplinary you should have a letter stating this and for what reason and also the misconduct that is alleged it should also detail possible outcomes should the allegations be found ? Ideally you should also have had an investigation prior to it going to disciplinary . You should be given any notes from the investigation prior to the disciplinary hearing 

    May be it is just a meeting to discuss your performance and put a plan or reasonable adjustments in place ? 

    Get back if you have any other questions or contact ACAS for further advice @sceneparade
  • sceneparade
    sceneparade Community member Posts: 95 Courageous
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    @Ross_Scope

    I have a meeting arranged this week, as in disciplinary, due to my selective mutism as a result of ASD. 

    The assistant operating manager has been ignoring a lot of complaints about my selective mutism, as she knows it is to do with my disability (she also says she has niece/nephew with ASD). However, she said that she is being pressured my managers above to take "action" i.e. disciplinary action. 
  • sceneparade
    sceneparade Community member Posts: 95 Courageous
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    @janer1967

    She read out a report from a supervisor (position below hers) that I do not respond when spoken to.

    I received a letter stating it was a report, and that the date, time of the offence and the reason - not following procedures (i.e. speaking when spoken to). 

    However, they have received a letter from my doctor stating reasonable adjustments need to be made. This letter particularly emphasised anxiety, hence I struggle communicating in public places where there are people. 

    I would be happy for them to speak to me via messages, which is possible, or a location where I am by myself and not in public or where there are people that triggers the anxiety and therefore mutism. 

    I have never been given any reports, or evidence detailing the offence. She just reads it out and that actions it. 
  • janer1967
    janer1967 Community member Posts: 21,964 Disability Gamechanger
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    I would put in a request to see any evidence they are basing their allegations on prior to the hearing as is your employment right 

    At the hearing explain that under the equality act you have requested they make reasonable adjystments and what you would like them to consider 

    I would also request you are referred to occupational health for a workplace assessment they can then make suitable recommendations for adjustments 

    Also have a look at the ACAS website they have lots advice and guides on there which will help you including disciplinary advice and reasonable adjustments 

    The more you understand about your employment rights will be in your interest 

    Also if you are in a union speak to them 

    They also need to allow you a right to representation at the hearing either from a work colleague or union rep 

    Let us know how you get on and remember you have the right to appeal any action taken 
  • Lisatho11987777
    Lisatho11987777 Scope Member Posts: 5,911 Disability Gamechanger
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    @sceneparade hi uou need either a union rep an advocate or some sort of representation don't go to the meeting on your its terrible that this still happens you need adjustments in your job they cant bring g a disaplinary  against you because of your disability 

    I was in the same position as you and I went to tribunal whilst still working I was compensated by my company and still worked there for a couple of months whilst I looked for another job but it was worth it 
  • [Deleted User]
    [Deleted User] Posts: 1,651 Connected
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    To answer the question in the OP, is the Pope a Catholic? Yes is the answer.


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