To speak to my adult son's employer?

[blarneebeekeeper]

My son (20) works for a large company that provides various services within a larger organisation, both are national and well known. My son applied, interviewed, and has a contract for a specific job role within the company. For reason that have not been disclosed, they have moved him from the role that he has being doing for over 2 years, to a similar titled, but very different role. His old role was not public facing at all, behind the scenes in a small team, the new roles is entirely public facing, communicating with people is probably 90% of the job, but its working with the public in its entirety. They have told him he has 2 options, he either does the new position, or he quits.

My Son is diagnosed ASD, has been for over 15 years. The company he works for are aware of this. I attended a recruitment event with him when he was just turned 18, and at the informal pre interview i was sat with him. They allowed me to attend the formal interview in order to help him complete paperwork, however i didn't go into the actual interview with him. They were aware at recruitment stages that he wanted a non-public facing position, as he didn't want to have to communicate with 100s of different people on a daily basis, that he wanted the job role he is contracted to do. They are also aware that my son likes routine and struggles with change that is thrusted on him without prior warnings. As such he does a set 4 on 4 off rota, instead of random shifts and has stayed in the same area of the organisation for the whole 2 years (the role he has covers about 8 different areas within the large organisation, my son does 1 of the areas every shift).

This change being unexpectedly forced upon him this morning has caused him to have a huge meltdown. I was on the phone with him for close to an hour as he was having an anxiety attack about being forced into a job role he isn't suitable for, because he doesn't have any say in the change, because this is a 2 year routine that he is in, going in and doing the same thing every single week. He cannot cope with this change. His emotional maturity is much younger than he actually is. But he has done so well in this role, he loves his job, he doesn't want to leave it. He has spoken in the past about how this is a job he can do for life and how pleased he was to have found a job he loves that fits his needs.

In the circumstances, would IBU to try and meet with his line manager with him, to communicate the things he cant? There's no union or similar, HR are not based in our city. The company is notoriously poor to work for, however up until now, barring some issues he was able to fix, they have been supportive of my son.

(Part of me is wondering as he is close to turning 21 if this is a way of getting rid of him before they have to give him a sizable pay rise)

do you know for sure that your son has definitely been doing okay in his role? It sounds odd that they would move him from a role he has been performing well in, to another that they know isn’t suitable for him, unless they’re trying to push him out due to under performance maybe? He might think he’s been doing well, but the reality might be different. Just mentioning this, because I guess if it is the case that he’s not been doing well, that would mean the company will use that to justify their decision.

I think you should, but maybe lease with HR not his line manager and do the call together. If only for your son to consent to you discussing this. They're going again all the information you have given and reasonable adjustments in place.
Good luck with it.

There must be a reason why they have moved him. Perhaps he is not very good at the job, perhaps they dont need the staff, perhaps they feel he is great and the move will really help him if he gave it a try. There are lots of reasons. The fact though they have said like it for lump it suggests they are not bothered about keeping him in employment for whatever reason that is and you fighting his corner is unlikely to change that. It could be pay related but highly unlikely for a large organisation. Id suggest looking for a new job in an area he is innterested in, he has now got experience and may stand a good chance at getting it if he is reliable and a hard worker. He doesnt have to inform his current employer that he is looking elsewhere.

Good luck.

You can help him compose an email, advise him who to speak to/ what to say. But he is an adult, you shouldn’t do anything directly.

I definitely think that the best approach is to communicate with them via email or in writing asking them how they have made reasonable adjustments for your son in terms of this role change, as per their responsibility to do so under the equality act of 2010.

He needs to go to HR, and needs an occupational health assessment.

I’m a GP and I saw a patient recently who suffers with anxiety. She started a job 3 years ago which was advertised as 100% WFH. This suited her as she struggled with social anxiety, and has done the job perfectly well from home. Now they want her in the office 3 days a week. The role was never office based, it was always a wfh job. Even before Covid. She has had an occupational health assessment and they have deemed that she needs to continue to work from home. She’ll probably end up leaving but it’ll be on her terms, and she could, if she wanted to, go for constructive dismissal .

I don't see why you can not help out by communicating on his behalf. All the people saying you shouldn't have clearly not got an adult child with ASD. 20 is more like 16 with mine. Needs help with lots of things like this.

I have ASD and it was the best thing being thrust into a similar type role, before I even knew I had ASD.

Such situations were a nightmare for me, but they helped me to develop confidence etc. But I went through hell, in all honesty.

Think if I had been diagnosed at the time, I would have just used the diagnosis as an excuse and lived a much more insular life and been massively dependant on others.

@blarneebeekeeper pls consult ACAS.

He's been there 2 years, it could fall under discrimination and he'd be able to go to tribunal over it if it is discrimination. Anti discrimination legislation is there to protect people from this exact thing.

I'd be suspicious about why are they doing this now, given, as you've said, he not only loves his job but has performed well, so you may be right, the salary jump at 21yo might be the reason.

Good luck to him.

Guide him as much as possible but no way at 20 should you be speaking to his employer!

mmmh this is a difficult one but everything can be sorted
does the company have a occ health department ?
is he a union member
does the company have an EPA program
can you have him reviewed by his GP and get a letter from him

any of the above can help to make a case that front facing work is not appropriate for your son.

as a side note was there a reason why he was moved by any change is his old job he did for 2 years being removed from the org chart

Same here and was going to suggest the same. Especially after the Cox v Lancashire County Council case where it was held allowing a spouse to accompany an autistic man at his disciplinary hearing would have been a reasonable adjustment, which the council had failed to allow. This situation is analogous, especially if the OP’s son raises a grievance or an appeal, which is a must next step in my view.

OP’s son also would be advised to put in writing he does not agree to the changes and is working under protest. He intends to appeal this decision.

Even if the employer has flexibility clauses in the contract permitting them to make changes to the role/role’s location etc or they’re using the old chestnut of “we may require you to perform any duties commensurate with your grade,” these will only allow an employer to make reasonable changes and/or exercise the clause(s) in a reasonable way.

Changing your son’s role in the way you’ve described sounds more than just a slight variation of contract to me. It could actually amount to a dismissal from his previous contract. This is why employers need to tread very carefully with this sort of thing.

Have a look up “Hogg” dismissals. The name comes from the leading case for this sort of thing: Hogg v Dover College. That case involved a Head of History at a college (Mr Hogg) being told by the headteacher that when he came back to work off sick he’d no longer be Head of History but would still be teaching at the school. So, still employed, not “sacked” but the new terms and conditions were imposed to replace the existing ones without Mr Hogg agreeing.

Mr Hogg went to the employment tribunal and won his unfair dismissal claim. Dover College claimed it was just a variation of contract situation. The tribunal said no, it was a dismissal. If the changes essentially mean that the new terms have amounted to a replacement of the old ones - and this is very relevant if your son is now being expected to do a different role - it can amount to a dismissal from the old contract and re-engagement on a new one.

What also seems similar to me is that based on what you’ve said the employer has created a holding the gun up to the employee’s head situation with the whole, “you either do this new job or you quit.” That was central to the tribunal’s reasoning for the decision in the Hogg case. That teacher was given no say in the matter; it was basically you can carry on with the new terms or leave.

What was the employer’s reason for ending your son’s job and requiring him to do a new one? You have to follow the right process for a fair dismissal.
This is a point one of my former workplaces messed up on years back too.

Someday you won't be here, you have to get him used to advocating for himself of finding a program that will. It's hard and as mothers we want to cushion every situation, but we cant.

Let's come into the real world. She is his mother - think about it for just one moment, it will look unprofessional, regardless of what you say, and will do him no favours.

His mother would be better off pointing her son towards his Union (if he is currently in one - sorry if this has already been mentioned), ACAS or a disability advice line for help. There will be people actually qualified to tell him whether he might have a case under any Equality legislation, rather than giving guesswork.

As has been said several times on here by other posters (myself included) she could also help her son to draft a statement of his concerns/email/letter to his employers and to consult any existing paperwork he might have from his employers, such as his Contract of Employment. But his mother should definitely not contact his employers. He is an adult, working man.

Please don’t try to meet with his manager, you will do him no favours.

but you can draft an email to be sent, asking questions as to why and explaining the issues, the contract etc, (unless the latter says they can move him as per business needs, read it fully). And have him send it in his name.

its important you support him, not do it for him. For his own self esteem.

I have an ASD Dd. I’m her advocate all the time. It’s like someone who can’t walk using a wheelchair.

Would that be unprofessional? ASD is essentially a communication disorder. So should the ds not use his aid? And the person who can’t walk not use the wheelchair? Which is also an aid? Or someone who is VI not use their white stick.

My eldest son is 25 with ASD he also struggles with his mental health during a bad crisis last year at my son’s request I made contact with his line manager to explain what the situation was. The line manager responded positively and was able to arrange some time off work with pay while my son got the help he needed. I would not hesitate to step in if asked my son is independent but at times he ASD will cause overwhelm and he needs someone to advocate for him. Do what you feel is right for your son.

Your comments are utterly ridiculous and like comparing apples and pears. Is this really the best you can do?

Your attitude it disablist and ignorant.

Is this really the best you can do?

It may be that some people commenting may not have experience of having a young adult DC with ASD. I know that it’s very difficult and that it's a fine line between helping/advocating and also trying to help with confidence/independence. Having said that, you know your DS best, so will know if it’s best to just support or actually advocate for him. Good luck again, I know it’s not easy.

Thank you for the replies. He has gone in today as planned, we spoke about it last night and initially he is going to be paired with someone else so wont have to speak to people really, so he is going to do this training period and see what happens. In the mean time im going to see if we can get a professional advocate and arrange a meeting with his line manager/general management. Though according to the line manager and the conversation he had with him, now i have had more details once he got home last night, the line manager doesnt know why he is being moved and also told my son he has expressed it would be better for him to stay in the area he is in currently with managers, but he was over ruled.

My son is an adult, yes, and i understand the posters that have said this, however, my son also ended up with sepsis and in hospital for nearly 3 months due to self harm that got infected following an event that pushed him outside of his comfort zone when he was 17. I nearly lost him. My worries for him aren't just around his employment, but also his mental health. This job not only gave him independence, but it has helped his mental health no end, having purpose and routine. He has become a different person since he started this role. Moving company's jobs and roles may seem like nothing, but the potential impact to his mental health and confidence is massive. He may be a "fully grown man" but he is still my child, and he is still in need of support to a similar extent my 15 year old is. They may be able to go to school and work and function, but they are not capable of being completely independent just yet.

I also know there were no issues in his abilities in his job. As i said, i work in the same organisation and building, around his colleagues, i know he did the job to the same standard as others, as again its not a job you can really get wrong, its manual, repetitive, logistic based, moving things from point a to point b. There were no performance issues, which is why we cant understand the push from higher management, who by all accounts he has never dealt with, he only deals with his line manager who was supportive of him staying in the area he is in.

Contact ACAS, or suggest your son does to get an idea of where he stands with the 'reasonable adjustments' which the employer is expected to make for him.

What do you mean that there is no union? Any employee in the UK can join a union. Your employee doesn’t provide the union for you. Anyone can join a union and they will help you when in dispute with your employer to make sure they follow the law etc.

In what way is saying a disabled person with a communication disorder needs an advocate disablist?