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SidSnake

Employment law advice

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I've been working for a company for 9 years. My workload has grown and grown over the years, but managerial support has been lacking to say the least. I was diagnosed with Aspergers 3 years ago, and I made the company aware. Despite me making numerous appeals for help with my workload, the situation has not improved and it has got to the stage where I am physically ill, with a range of symptoms related to anxiety/stress.


I have had to resign. The company has accepted my resignation, and my anxiety/stress is telling me to have done and move on. The human rights protestor inside my head is jumping up and down with a placard demanding I take the company to a tribunal. To be honest I'm frightened by the thought of pursuing legal avenues but I've done everything humanly possible to carry on with this job, and I feel I'm the victim of negligence/incompetence and my hard work and dedication have been abused.


Do I seek a common-or-garden solicitor or is there any specialist support available for people with autistic spectrum conditions? Or... do I ignore that guy with the placard?

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I would look on line for equality and human rights relating to disability under government departments. If you are intending to apply at job shop make sure that you declare your disability and write down everything that has affected your ability to do the job you were doing. I found they try to make you look at jobs which are not suitable to the disability so also bring someone who can support you if you think you will not be able to deal with this on your own. There may be a local disability charity that can help you.

 

Sorry to hear you had to resign. I am sure other people will be along to advise you more accurately.

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Thanks Cath, I've done some searching on disability rights as you suggested and I'm encouraged by some of the positive outcomes of tribunals. I've also contacted a local autism support group to ask for advice on any local support that might be available. If anyone has experience of dealing with solicitors in this kind of case, I'd appreciate any advice you may be able to offer. I'm used to working hard in IT and rely heavily on electronic communication, not confident about handling legal things verbally!

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I would recommend you to think very carefully before you go to tribunal - it can be a very stressful process even if you win in the end (which is by no means certain as tribunals make some very odd decisions). Win or lose a tribunal process will be very stressful and may make it harder to get over the experience.

 

What are you wanting to achieve by going to the tribunal, and on what would you base the claim?

 

If you want to go the legal route then you will need to look for a solicitor who specializes in disability discrimination, but any solicitor will cost a lot of money and there is no guarantee that you will get it back at the end. Tribunals are designed so that you can represent yourself, but in practice that can be difficult in a case like this as you need advice as to what points are relevant to the case.

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How long ago did you quit? You have a 3 month limit in which you can apply to take them to tribunal.

 

You also will need an advocate if you are having problems representing yourself. 08457 474747 - that's the number for ACAS who will be able to advise you for free.

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Thanks Bed. I think, double-think and triple-think everything, it drives me mad at times! I realise that it can be a very stressful ordeal.
A lot of friends have asked me what I want to achieve by this... simply justice. I know I could just walk away and save myself a load of stress but it would be scandalous for them to get away with the way they have treated me. I would probably go for (constructive) unfair dismissal.
I realise the emotional and financial risk, and I will take these into account along with whatever practical experience people are able to share.

 

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How long ago did you quit? You have a 3 month limit in which you can apply to take them to tribunal.

 

You also will need an advocate if you are having problems representing yourself. 08457 474747 - that's the number for ACAS who will be able to advise you for free.

Thanks Matzoball. Resigned recently, currently working out notice on sick.

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Strange as it may sound, our (civil) legal system is not there to deliver justice - its only concern is money. You don't get extra compensation just because you've been badly treated. So go to tribunal if you can prove a financial loss. If you're motivation is not letting them get away with it then you would be better just walking away. The IT jobs environment seems pretty buoyant so take a break then find yourself a job with a better employer

 

While you need to take proper legal advice I think you might struggle to claim constructive dismissal - it would have been easier if you had just got a doctor to sign you off sick as that would have put the onus on the employer to resolve things.

 

What a lawyer will tell you is that you need to go through the company's grievance procedure before you go to tribunal - that is a bit of a waste of time once you have left the company but you will need to go though it.

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