Am I legally disabled under the Equality Act? Autism.

[Willowcat77]

I hope someone here with legal knowledge can advise. I have an NHS diagnosis of autism, and I believe I am disabled by my autism. I am currently off work due to a severe breakdown, caused by work stress. I am about to enter into meetings with my employers. They say I have no protection under the Equality Act as my breakdown started only 5 months ago. However, I have always had anxiety due to work, ever since I started 7 years ago.

Also they deny I gave them a copy of my diagnosis 7 years ago. It was a physical copy so I can't prove it, but I absolutely did, so they are either lying or have forgotten about it and lost it.

I would be grateful for any advice.

Autism is something you are born with even if diagnosis comes later in life. You are under no obligation to disclose this diagnosis to employers. However now that you have disclosed it (ensure you submit proof again either before or during this meeting), your employers are obligated to make reasonable adjustments at work for you. You are definitely protected under the disability and equality act.

Just giving basic advice until someone more knowledgeable comes along. I'll try and find a good advice article online for you. Xx

Found a bunch of links from reputable websites about disability, autism, employers duty and the law. Hopefully you find something helpful for your situation.

Perhaps it's be with contacting Acas (good employment advice for anybody) or Autistic Society for some advice? I think their help is free to access :)

Link 1. https://www.acas.org.uk/supporting-disabled-people/disability-related-absence#:~:text=If%20someone%27s%20had%20a%20number,if%20the%20adjustments%20are%20reasonable.

Link 2. https://www.leicspart.nhs.uk/autism-space/employment/reasonable-adjustments-at-work-autistic-people/

Link 3. https://www.autism.org.uk/advice-and-guidance/topics/employment/employing-autistic-people/employers

Link 4. https://www.hartbrown.co.uk/latest-news/autism-the-law-and-neurodivergence-in-the-workplace/

@Pepsipepsi Thank you for the links! They confirm my belief that my autism should be a protected characteristic, but they say definitely not, because I have only been off sick for 5 months.

My employers are a legal firm, so I can't work out why they are saying this.

*but my employers say definitely not...

As if a legal firm doesn't even know the law!! You couldn't make it up.

Have you got any evidence like an email chain or a letter from your submission of diagnosis 7 years ago?
Even if you don't, like I said submit evidence of your diagnosis to them ASAP. The amount of time you've been diagnosed or struggling recently because of your disability is irrelevant (as most disabilities are dynamic and no two days living with a disability are the same and the law acknowledges this). I would focus on the changes you need to come back to work.

I would highly suggest contacting Acas or Citizens Advice for free advice in the first instance as your case seems quite specific. Best of luck!

@Pepsipepsi Thank you, I will try CAB tomorrow about the legal definition of disability.