please help - urgent - son disclosed disability and is now facing dismissal(40 Posts)
please can anyone help me quickly as im stuck as to what to say to him.
In December 2013 my son took a job as a systems administrator, he had been working as a systems administrator previously.
2 weeks ago he was taken off probation, indicating he could do the job effectively.
Yesterday he had a meeting with management and he disclosed that he struggles with some organisation due to the fact he has aspergers syndrome.
today they have taken all his access to the servers away from him and given him menial tasks to do.
he has asked why and they have said it is basically because he disclosed his AS in the meeting yesterday. It is clearly discrimination.
now - here is the real problem.
When DS did his CV for his very first employer he was still at college doing A levels.
He put his predicted grades on his CV.
he went to uni to do computer science.
he got a foundation degree but dropped out 3 weeks before he graduated fully due to mental health issues and he was offered a job as a ssystems administrator down south which he took. He worked there for 6 months with no issues but was homesick and got the current job because it was more local and he moved back home.
Yesterday while going through the CV he realised (much to his horror) that he had merely updated his CV and added to it, He did not change his A level grades, he did not realise he had left his predicted grades on there - his actual grades were lower.
This basically looks as though he lied on his CV. He has explained the situation and said he did not deliberately mislead - and to try and explain himself he then declared his AS.
This is now being used against him and he says they are now contemplating dismissing him.
They also began asking him why he "failed" university. (he did not fail - he got a foundation degree and then dropped out - but he can think on his feet and just sat and took all this)
He can do the job but he does get stressed and panics when people shout at him - they have said because he panics people perceive problems to be his fault when in fact it may be a server going down or something external which he then has to fix - thats his job -
what i am failing to understand is that 2 weeks ago they took him off probation and were happy with him.
yesterday he declared his disability.
today they are talking about dismissal and have taken his job off him and given him menial tasks - he is having to go through a 100 page document and copy and paste bits from it to another document.
he is capable of the job. he has proved that.
please can anyone advise? flowery - are you here!!???
bump....not sure whether to post in other areas - he is ringing me back - he has been summoned to a meeting with the managing director.....
my stomach is churning.
can anyone help?
So just to be clear, does his CV state that he got a foundation degree or an honours degree?
It does sound as if they are trying to use his AS against him but obviously the situation is clouded by the fact that he has (albeit with no malice) falsified his A-level results.
Does he have any evidence that the AS is part of the equation? What has anyone said to him?
It sounds as if he has been suspended whilst the matter is investigated. Do you know for sure they have said they are contemplating firing him? This isn't him panicking or assuming?
From what I know (from these boards) he has few rights as an employee in his first two years, so having completed the probation may not help him greatly - in any case, it doesn't sound like they would be making a case to fire him for incompetence but rather for deception.
I hope the more knowledgeable MNers will be along shortly - I feel for you (and him).
x-posted with you. I think he should take notes in the meeting with the MD but refuse to sign anything saying he needs to take outside advice first.
Did he fill out an application form?
If he did and signed to say that he doesn't have a disability then unfortunately he can't then use the disability in any performance issues.
If he lied on his cv then also there isn't much he can do unfortunately.
I would have thought he would be entitled to take someone to the meeting with him and have it recorded. did eh evr complete an application form as part of the recruitment process as well as his CV. Were there any Equality and Diversity questions in which he was asked about disability etc ?
yes he completed an application form - he put his actual results on that - the mistake on his CV was geniuine simply because he wrote it when he was at college and before his got his results.
he has a foundation degree and has clearly stated that - he has never told them he got an honours - though he was trying to get one he dropped out through the stress.
he told them that.
it seems the lesson from this is not to disclose disability. 2 weeks ago they took him off probation.
they have actually told him its because he disclosed his AS. They clearly think it alters things.
the manager yesterday told DS it would remain confidential.
today he has told the managing director - DS believes he thinks they will use the error on his CV and dismiss him.
they said they - and i quote ;_
"want to reduce the risk to the business"
fucking idiots. he poses no risk. he has a mild form of autism - he hasnt got the plague.
he is in the meeting now - so i doubt he will have taken anyone in with him.
ive also posted in special needs - need someone with disability discrimination know how and employment law.....
If he put his actual results on his application form, surely they can't claim he misled them?
"they have actually told him its because he disclosed his AS. They clearly think it alters things."
"they said they - and i quote ;_
"want to reduce the risk to the business""
So basically they are admitting they believe his AS in some way makes him a liability. That can't be legal.
When I was in recruitment if the company found out you had " falsified" grades on your CV it was instant dismissal.
As someone has already asked - did he put his disability on his application? I think that may make a difference.
yes saskia - he put his real and actual results on the application form.
he have told him its because he disclosed his AS.
they actually stated they "want to reduce the risk to the business" which indeed implies they think he is now a risk that he wasnt 2 weeks ago when they took him off probation.
i really need help here - he is so upset.
Was there a section on his application form that asked about disability?
Do you have a copy of the application form ? Does it ask about disability ? If so how did he respond .
I think the incorrect CV is a red herring here, so don't get bogged down with justifying the error.
It doesn't matter when you disclose your disability, you still cannot be discriminated against because of it, Chocotrekkie and Itsallgoingto befine.
Unfortunately OP, your son can be dismissed for the A level grade discrepancy and I'm afraid that there's nothing that you can do about that unless the company slip up and put it in writing that it is really about his AS.
Don't suppose he has joined the union has he?
If not then give acas a ring
I agree with Where.
I dont think it is his disability or his ability to do the job, rather that he appears to have lied on his application. It may have been accidental but it is still a lie.
"It doesn't matter when you disclose your disability, you still cannot be discriminated against because of it," not true. non disclosure (of anything) on an application is valid grounds for dismissal.
You're not obliged to offer up the fact you have a disability if not asked, but if asked then you must disclose it. bearing in mind that at the end of an application you sign a disclaimer that the information given is accurate.
I think the cv is a red herring too. They had the application form with the correct info. And they've admitted they've made this decision because of his AS. What a nasty bunch of people.
YY to seeking advice from a union!
im not sure if the application form asked about disability. i cant ask him until he gets home which will be sometime after 7pm.
it is not about the discrepancy but of course they can claim it is - but the manager has actually told him today that it is due to the disclosure of his AS.
thats the explanation my son has been given from management.
my friends son has AS and has been unemployed for 2 years despite having a degree in genetics. He discloses his AS. he has never even got an interview.
i need to go out but will be back later. thanks everyone.
i will contact ACAS tomorrow.
unions are a thing of the past i think in small independent companies.
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