To feel this is discrimination

[Outandabout43]

A friend has had a disaplinary at work which has resulted in a final written warning (has also been employed less then 2 years)

The argument has been about not being where they should be at certain points of the day, friend works on the road in different areas.

Friend has ASD and anxiety and will only use a particular shop for food, toilet and goes there around the same time daily. Also has to do van checks in the morning and has to do this in a certain order, if order is broken will start all over again so has also been disaplined for starting work late.

Friend disclosed ASD at interview however no meeting has taken place to discuss any reasonable adjustments to role or impact of ASD.

Recent referal to occupational health who have stated that friend requires routine, familiarity and to be allowed to do any administration work in a place they feel comfortable. However, on returning to work friend has been informed that an adjustment has been made and they are now to start in a brand new area they do not know.

Are the employers right to give the final warning or should more consideration be taken into account around ASD?

They’re discriminating against your friend currently. Is your friend in a union? If not join asap

They are, the union accompanied to the disaplinary but isn't willing to support against the appeal.

Are you able to accompany the person?

They need someone to advocate for them, and to point out the disability discrimination they are currently facing.

I'm not sure I'm allowed to, I am a registered nurse and do have a good understanding of ASD. I feel there is a lack of knowledge and understanding of neurodiversiry amongst their managers and that training is required.

i am an employment lawyer.

it could be discrimination - the crucial question is whether there are further reasonable adjustments they could make that would resolve the issues. For example, if the could change the schedules without too much difficulty to accommodate her routines they should be doing that rather than disciplining her. If however this would have a prejudicial impact on service users / clients / colleagues it may not be a reasonable adjustment.

Also relaxing the rules on who can accompany the person at a hearing could be a reasonable adjustment for someone with a disability if it allows them to participate more fully (eg because they are with someone they feel relaxed around)

Thankyou, so the administration work can actually be completed anywhere without any detrimental effects, this has also been confirmed in the occupational health report. Friend has gone to an area they felt comfortable with to do admin, yet part of the disaplinary is that they spent time out of allocated area

Why has union withdrawn support?

So sad. They maybe need support to argue that it was just a reasonable adjustment

I think it was a case of you still have your job so that's our job done.

Going out of area for the admin sounds like a reasonable adjustment - unless perhaps it means she is not close enough to respond to any incidents she needs to respond do (if that’s even a consideration, I don’t know what her job involves).

however you also said that her rituals / anxieties mean that she sometimes starts work late and this forms part of the disciplinary. I can see how this may impact on clients / colleagues?