Employment Tribunal (UK)

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Doing all that networking stuff bores me to tears quite frankly. I'd much rather get on with the job I'm being paid to do.

After being off work ill for a while a guy who was helping me return to work (Remploy - urgh, never again!) said to me: "I'm sure you want to see your friends."
What the hell is this, school?! !? I looked at him as if he was stark raving mad.

I couldn't get that link to work, but I'll find details of the case somewhere, thank you.

I'm glad there's a case where the employee resigned as that's what I had to do.

Had a Case Management Discussion this week, it was adjurned as my representative couldn't be there. Anyway, the judge said he reckoned I should concentrate on my constructive dismissal claim which is a shock as it's notoriously difficult to prove and only 3% win.

Problem there is I suspect the no win no fee solicitors will want a "sure win" case, unless they're doing it for some sort of prestige reason (want to make a point about certain types of disability). I suspect many will take the perspective some on MSE did, which is along the lines of if it's part of the job and you can't do it, then it can't be discrimination. One example given on MSE was a wheelchair user couldn't be a window cleaner. Problem is that perspective seems to rule me out of every job going if you take that interpretation to the extreme. I wish employers would stop obsessing about team work and customer service skills when they are not central to the position, particularly if they offer adjustments to deaf people in interview such as sign language interpreters - who are just as likely to have difficulty interacting with team members and customers, unless they use sign language too. I am still waiting on the feedback from the form, which they have acknowledged receipt of.

But I am hoping there is some chance as I was rejected due to facets related to my disability, and they said otherwise I was strong technically. As you said in the previous post, employers are generally quite canny about ensuring they don't give any hint of discrimination when they discriminate and do their best to get away with it. What they should have done instead is to say "another candidate was better suited to the position", or something like that. If the NAS thinks there's no discrimination, I wonder why they charge £8.81 per hour for helping improve employment skills, and have a 6 month wait.


I suspect 99% of people don't really have a clue. Even if they have seen movies like My Name is Khan which try to make the issues explicit, or http://www.youtube.com/watch?v=s9eATBV-_lg All they really understand is Neurotypical syndrome, and if you're not one of them then it's your fault or you need some magic pill or treatment that makes you just like them . I dare say, because of my employment predicament, that makes them not far off as bad as the Nazi's in that respect.

There's only the paragraph I quoted in there really anyway. The full judgement is in the first link (word document). I guess another thing to bear in mind that he only won on appeal, as it is an Employment Appeal Tribunal case. I think the original case decided his Asperger's was not a disability so there was no case to answer, and the appeal overturned this. But hopefully the case means people with Asperger's in similar situations are less likely to hit that hurdle.


Ah cool so it's well under way. And it seems the judge gave reasonable advice. I guess difficulty to prove constructive dismissal makes sense. It would be the same as proving disability discrimination when an employer said someone else was better for the job, rather than putting their foot in it. Much easier to prove something like redundancy where your job is advertised shortly after as there's concrete evidence.

I found this link useful http://www.autism.org.uk/living-with-au ... -asds.aspx which lists Solicitors with experience of ASD's. Probably no good for the OP though, unfortunately.