Employment and Autism

[YipeeHipee]

Hi - Need some advice please. My son (he's 21) has Autism. He's been working for a retailer for nearly 2 years. He started off doing shelf stacking but he found this very hard and kept dropping things.

So they moved him to a different department and gave him a role that involves working outside. Unfortunately part of my son's Autism is that he likes to talk about his favourite (very specific) subjects. Recently there was a meeting between me (I came along to support him at his managers request) him and the manager.

The manager was concerned because

•He's apparently been coming into the building constantly, talking too much and not working enough. He also supposedly pester's female members of staff but I don't believe this is true

•He snapped at another member of staff when she asked him to go back outside rather than talk to her.

•He isn't doing the job to satisfaction, it's causing customer complaints and putting more pressure on other staff members which the manager says isn't fair

The manager outlined that (in writing) that he must stay outside and carry out his job. He must not come inside unless it's an emergency, breaktime or the end of his shift. Unfortunately my son is struggling with this and today we've been called into another meeting. This time he was given a final warning and told his job is now at serious risk. My son has suggested that he could be moved to another department but the manager says that they don't know where else they could put him that would meet his needs.

Can he be sacked for something that's part of his Autism (constantly talking about his favourite subjects) or would we potentially have a case with a solicitor under the disability discrimination act if they do try to sack him ? Thanks

I agree with all of this. He isn't meeting the basics of the role with reasonable adjustments. It doesn't sound like it suits him.

Has he thought about a supported apprenticeship? As it sounds like he has some work to do to develop initial work skills and needs to find a different fit.

Also if multiple women feel harassed by him then he probably is harassing them. He might not recognising that's what he's doing but he probably is. So he needs to think about this too.

What was he doing before study and work wise?

I feel for you and your son but agree with others that this job is not the right fit for him. My sister struggled for years to get on in employed roles but ultimately just couldn’t handle the social communication side and to be fair she also worked with some very intolerant colleagues. That said most people want to do their job and go home, not everyone has the emotional capacity and patience to be tolerant at work and they just want to go about their day with minimal hassle.

My sister started doing leaflet delivery, she now does it self employed for several companies and actually has enough work for it to be full time and she earns enough to live independently in a flat, run a car etc. It’s probably been the best thing she could have found and she has no work related stress and upset and she’s as fit as a fiddle from all the walking.

I wonder if a shorter day might work too.

Great advice by @ArdeteiMasazxu I second that!

I actually agree with this. I work with a young colleague in IT who is autistic and he does come in to my office to talk to me about nothing in particular. There are lots of long pauses and he says things about workload as if he is reading from a script but so what, It is only 5 minutes of my life and he is probably a bit lonely. I would feel that way whether it was a man or a woman.

Your DS sounds like he is being exiled, with not being allowed inside.

Does his employer recognise a trade union? Most retailers do so worth looking into it. They won’t be able to help if he is currently going through an investigation but will in the future.

If you feel that he has been discriminated because of his autism and he does end up being dismissed then I would definitely seek an employment tribunal.
If I was you though, I’d strongly be advising him to start looking for another job - and I would ensure it is in an environment that he would be comfortable in.

Some people can often feel an autistic person fancies them or is pestering them when they're not. Hyperfocus and fixation about being nice to his colleagues, wanting to chat, hanging around people he finds comfortable may make him seem insufferable.

I do agree that his female colleagues don't have to suffer in silence. They have the right to not want contact.

I also think your son may not be able to help himself due to his disability (if he could, he would've by now. I doubt he's intentionally trying to be 'naughty') but he needs to be redirected towards something else or somewhere else where he'll not bother people who don't want to be bothered.

They have a right to sack him if after all reasonable adjustments, he still isn't doing his work effectively.

Sounds very difficult OP.
It sounds like manager is following all the correct procedures.
The only potential concern is that DS
may be treated differently to others in that he has to stay outside and only come in at end of shift, a break or emergency.
In the winter and rainy weather staying outside the whole time sounds hard ,is it the same for all employees
who are allocated to work in the outside area? Is he working alone and lonely? How long are his shifts?
Do other staff chat when working?
Did the manager specify what the complaints were about not doing his work properly?
It may be he is spending more time chatting than working, although it is odd this seems to be a recent complaint as he has worked there for 2 years.
At 21 he will have raging hormones so may have a crush on some of the younger women that work there , perhaps they are genuinely uncomfortable and feel pestered.
Shorter shifts , half days , could help and increase his focus so he is less distracted and less likely to go inside to seek company.
It does sound like they are trying to dismiss him so might be best to try and look for alternative work , I can see how hard it is for people like your son, he has done so well in finding and keeping a job for 2 years.
Our local asda employs people with disabilities on the checkout, perhaps that something like that would be suitable for your DS?

I just want to point out that autistic or not, expecting anyone to spend 8 hours a day in a fucking supermarket car park pushing trolleys around or picking up litter whatever without being "allowed" back in the shop is pretty shit.

Poor lad.

I actually agree here. For example, I’m a waitress, and I’ve worked in places with an outside terrace. But when I’ve been placed outside I’m not banned from going inside for a chat with the others. It sounds isolating.

OP where is he working? Is it a supermarket or is it a garden centre?

What job requires him to be outside the entire time? What does he do during his break?

Yes, I agree, why is your son permanently outside? Sounds like they are being pretty mean.

The son can come inside on breaks so he’s not outside for 8 hours.

I would assume someone who works collecting trolleys does spend most of their time outside, if that’s the job.

When I worked in a supermarket as a 6th former, no one person got the trolley job. It was varied, that said, I can't recall any women doing it and I have never seen a woman trolley gatherer. It seems unfair if he is mostly outside all of the time like I said, it is like he is exiled!

Well is depends on context. If he works for the Forestry Commission not mean but if he is assigned that role due to the fact that he wants to socialise like other members of staff then yes, it is mean.

But I bet that no NT employee is expected to be outside in the pissing rain and freezing cold for their entire shift and only allowed in for short breaks?

They probably think they are doing the disabled kid a favour by employing him and giving him the shittest job in conditions that no-one else would tolerate.

Yes, it smacks of this!

Have you ever heard of the expression, 'reading between the lines'. Swearing doesn't make your point the categorical truth!

Yes, he was moved to this position, was the one outside permanently other than what an hour break, the only position available seems a bit convenient!

He's only been 'banned' from coming in for a chat during his work hours after the colleagues he likes to hang out with made complaints against him and that same behaviour.

He hasn't been locked outside in all weathers.

The company is trying to be fair to all their employees.

I imagine he's allowed to come insids whenever he needs to as long as he isn't 'pestering' his colleagues. That's where the problem lies.

it is difficult but it sounds like he employers have been fairly sympathetic. Nevertheless being outside all the time with no people contact doesn't sound great. Perhaps there is a solution. Stockroom duties. The only ething you can do is work with his mamager and try and find a way forward. Or maybe reduce hiis working hours.

It's tough but agree a different role might be a better fit. Maybe look now before the other job falls through. Although really all he needs is reminding nicely by the person he is talking to to go back to work.