Is disciplinary action due to a disability or arising as a result of it, discrimination?
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sceneparade
Community member Posts: 95 Courageous
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?
Can I be punished for selective mutism?
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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?Online Community CoordinatorConcerned about another member's safety or wellbeing? Flag your concerns with us.
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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.
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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 -
@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. -
@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. -
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 -
@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 -
To answer the question in the OP, is the Pope a Catholic? Yes is the answer.
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