Employer attitude to autism

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Hi,
A close adult relative was recently diagnosed as being on the autistic spectrum.
She is currently on sick leave from work due to anxiety and stress caused by overwork. (I know the company involved and know about the ridiculous targets/stress so it is genuine.)
She is hoping to return to work soon and had a meeting with her dept boss and HR to discuss adjustments that could be made - both to ease her stress levels but also to accommodate her autism.
She works in a large open plan and noisy environment. Autism is covered by the Equalities Act so employer should make reasonable adjustments.
She asked to be able to take her lunch at a set time (rather than join the daily verbal negotiations within her team) since she finds the uncertainty of lunch time and the negotiations make her very anxious.
Employer says this is unfair on others AND doesn't take account of meetings - although obviously she wouldn't take lunch if they schedule a meeting.
She asked to be allowed to work from home 1 day per week (mid-week) if she is feeling overwhelmed - her job can be done by phone/online. There is a rule that staff can't work from home - so flat refusal.
She asked for quiet space where she could work when overwhelmed - they feel this is reasonable but basically wished her good luck in finding anywhere. (Large employer with over 2000 staff.)

She said she might occasionally need a short break if things are over whelming and was told she would still have to work her full hours and any short breaks would need to be made up.
My relative is excellent at her job and has been praised in the past for her ability to introduce new systems which are more efficient and she has a great eye for detail. She's a perfectionist.
However, she doesn't interact well with others - she hates office gossip/chats at the water cooler. She works from minute she arrives until she leaves. She doesn't go downstairs to make coffee/spend 10 mins chatting to a friend on her mobile or go to kitchen to make her lunch (before taking official lunch time).
Sorry for the rant but it seems to me the employer is not trying to help at all and does not want to even think about any adjustments.
If this was a physical disability they could see, I am sure their attitude to reasonable adjustments would be totally different.
I wondered if other autistic people have found the same total lack of understanding by employers - and whether it is worth her taking this further?
TIA

Yeah, that was pretty much my experience. Employers should by law make these changes - fair to everyone is certainly not an excuse - they are reasonable adjustments to level the paying field -it disadvantages your relative not doing it...in other words it like saying they can't have a disabled loo because it's unfair to people who don't have wheelchairs.

I got a union representative - they knew nothing about asperger's but boy did they tell my employer what they had to do! I suggest you help your relative get in touch with one... It really is good to know someone is on your side 😊

Also, I think it's up to them to prove an adjustment is unreasonable - I'm a bit rusty on employment law.

ask her to get in touch with the national autistic society and ask them to contact her organisation's HR department with suggestions and reminder of the law. Get her to speak to her union rep (or join one if she's not in one) and also speak to ACAS

The law doesn't say that an employer MUST make adjustments. It says they must CONSIDER making REASONABLE adjustments. And over 2000 employees is actually not a large employer.

Offering solutions is often better than making demands. They said she could find a suitable space to get away from others - so find one. If she can't, then you have to consider whether it is reasonable typo ask for something that doesn't exist.

Equally, it is fair to ask for breaks - but not paid breaks. Why would the employer think it's reasonable to pay someone for not working? If she wants to complain about other people chatting instead of working, then fine - but I wouldn't recommend it, because it isn't the way to win friends. The fact that some people might get away with a chat in the kitchen is not the same thing as the company giving them permission to chat on the works time. She's asking for the latter.

Find solutions, not problems, and she may find them more amenable.

@Lucy001

Are you sure it's a case of considering? Apart from considering what constitutes "reasonable" it is quite clear from the wording of the law that the company is "required" to take steps - or section 21 says the company is guilty of discrimination.

Equalities Act 2010
20 (3)The first requirement is a requirement, where a provision, criterion or practice of A's puts a disabled person at a substantial disadvantage in relation to a relevant matter in comparison with persons who are not disabled, to take such steps as it is reasonable to have to take to avoid the disadvantage.

I don't see the part where its a choice.

Employer says this is unfair on others AND doesn't take account of meetings - although obviously she wouldn't take lunch if they schedule a meeting.

The equality act doesn't apply to the other workers here, it applies to the person with a disability as defined in law.

3)If the protected characteristic is disability, and B is not a disabled person, A does not discriminate against B only because A treats or would treat disabled persons more favourably than A treats B.
The reasonable adjustment is to not book meetings during her lunch break or to take minutes.

She asked to be allowed to work from home 1 day per week (mid-week) if she is feeling overwhelmed - her job can be done by phone/online. There is a rule that staff can't work from home - so flat refusal.

Unless there is a good reason for that rule the "rule" itself would be indirect discrimination:
(section 19)
(2)For the purposes of subsection (1), a provision, criterion or practice is discriminatory in relation to a relevant protected characteristic of B's if—
(a)A applies, or would apply, it to persons with whom B does not share the characteristic,
(b)it puts, or would put, persons with whom B shares the characteristic at a particular disadvantage when compared with persons with whom B does not share it,
(c)it puts, or would put, B at that disadvantage, and
(d)A cannot show it to be a proportionate means of achieving a legitimate aim.

She asked for quiet space where she could work when overwhelmed - they feel this is reasonable but basically wished her good luck in finding anywhere. (Large employer with over 2000 staff.)

This may be difficult to achieve and I suspect they agreed to this one knowing it was unlikely to happen... Have you tried the IT department? Or perhaps some sound cancelling headphones would help out a bit?

An employer of 2000 staff is big enough to be able to adequately meet the requirements of an employee on the autism spectrum.

The reasonable adjustments mentioned in the OP are no big deal to an employer that size, and the employer is absolutely letting that person down by not supporting them, and putting them on the level playing field that the Equality Act legislates for.

Regular lunch break: perfectly reasonable and the employer should encourage staff not to book meetings over lunch break, it's the modern disease working all day with no proper breaks

Flexible working: Having a blanket ban on home working is unlawful. Workers have the right to be considered for flexible working, and this employer is removing that right. They are breaking the law in two ways then, refusing the right, and failing to consider a reasonable adjustment.

Quiet space: this may be a difficult one, as being overwhelmed is an unpredictable feeling. In their ignorance, the employer is probably more worried about it becoming a 'regular thing' rather than it being a safety net for the employee with autism, to know they have a safe haven if they get anxious. If there is a canteen or coffee area maybe they could slip in there for 10 mins, have a cuppa then return to their desk. It will mean making up the time, but worth it in the long run for their peace of mind.

Do they have representation eg a union at work OP? It could be a game changer for someone to act as their spokesperson.

OP, please ignore Lucy001 as she is talking bollocks.

ParentsOfSummer has it right. *
*
Reasonable Adjustment is a duty of the employer. It is not up for consideration. What is a 'consideration' is the reasonableness of the adjustment. However as the ACAS website actually gives examples that are covered by your relatives requests - I think you can be fairly sure that the requests are indeed reasonable and therefore - NOT to implement them would appear to be a clear case of discrimination .

Your relatives business is 'large'.

From CBI website;

Large – Greater than or equal to 250 employees, regardless of revenue, or, if the number of employees is unknown, then revenue of greater than or equal to £22.8m/$22.8m will be taken as an indicator that it is a large business.

Hi - you could make an application for access to work help (they are part of the dwp and co fund any soloutions) look it up on the gov.uk website. Sounds like the employer needs a bit of a shove in the right direction. Good luck.

Offering solutions is often better than making demands

I despair. We're talking about someone in the workplace on the autism spectrum. They are in a vulnerable category of people who may not have a voice, may not be adept at confidently stating what their "solution" is, may be too frightened or bewildered to deal with unpredictability.

Goodness knows, people who do not have those challenges have difficulty coping with the modern workplace, let alone someone with challenges.

Have a heart!

Well good luck with your gilded view of things at the tribunal. Never heard so much bollicks in my life as on this site. There's reality and cloud cuckoo land, and most people here live in the latter. I won't be bothering to post again. Live in your warm cocoon, until you have no job.

Hi all,

You guys are really awesome - thank you so much for your help and guidance.
There are some complications which I don't want to state on here but I will certainly pass on the advice about contacting NAS for help. Access to Work is apparently involved (but relative has been told they will step in AT the return to work stage.) Relative is concerned that if they return to work without any adjustments being in place it will make the return harder and (knowing the employer history), adjustments might never happen.
There is a suitable quiet space very close by as it happens but it is used very occasionally for another purpose. Relative feels (and I think I agree) that they should be allowed to use that and when space is needed for the other purpose, employees could use a different room on another floor.
Thanks for the info on flexible working daisychain01 - I am pretty sure the employer has a published policy on flexible working so I will ask relative to look at that.
Relative is a member of a trade union but there is a complication which means they would rather the union rep didn't know the detail of their case - but maybe a different rep could be found so I will suggest that.
Thank you all again - I will keep you posted on progress!

Best of luck... I understand how obtuse companies can be... In my case I eventually signed a non - disclosure, probably for the same reasons .

Took our employers to Tribunal for refusal to implement a reasonable adjustment to work from home 'as and when required' on behalf of a recently diagnosed asd employee. (I'm the 'disability matters' union rep - so not a lawyer but know the law - iyswim) Employer settles a week before Tribunal - to no ones surprise. Bloody idiots. Cost them 12k AND the reasonable adjustment.

It all depends on your moral standards Lucy001. Personally I don't regard standing up to disability discrimination 'a gilded cage' more of a basic expectation for employers to uphold both the law and the spirit of the law.
My experience is very much the real world having been through more than 30 Tribunal claims on behalf of members, for failure to understand/accept/implement a 'reasonable adjustment ' all of which have either settled or been upheld.

...and yes to alternative union rep. Just call head office of the Union and ask for their disability team...

I'm in HR and I'd recommend speaking to some charities to see how others have made it work at work, the requests may (although dont sound it to me) not work for many reasons but there may be other things they can do. Your relative should also have an occupational health assessment where a doctor (with their input) will make recommendations, even if for a trial period so they can get back to work and review after the trial.
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