Newly Diagnosed Disability - Employer is harrassing me!

[Guest mediaseller]

Please help me.

 

I have been given notice of a disciplinary meeting which involves me as the subject and it's due on Thursday 11th June 2009.

 

The allegations against me are 'Poor performance' & 'Lack of care and attention in completing tender documentation'.

 

The usual explanation of who will attend and that I may be represented by a colleague is on the notice.

 

My job is as an internal tendering engineer and my duties include reading specifications and data sent in by prospective clients then producing drawings and quotations based on the information provided. Sometimes the information provided is difficult to interpret because of how the information is vague.One person may read one thing and another something else.

 

I have worked for the company since October 2007 & our company employs about 60 people.

 

Times are tough & I feel that they might be looking for people to sack.

 

The last few tenders I have had mistakes due to my difficulty in concentrating but the mistakes have been picked up by my manager or directors prior to them being sent out.

 

About a month ago we all had our reviews and this issue was brought up in my review. I explained that extreme circumstances at home were preventing me from concentrating and no help was offered. I was given 6 weeks to improve but no consequences were discussed.

 

I also explained I am waiting for an appointment with a specialist because I believe that I may be suffering from undiagnosed ADD (Attention Deficit Disorder) which I may have had since childhood. This seems to have been disregarded.

 

I have been banging on about getting some training since I started but none has been offered.

 

What advise can anyone offer me before I attend this meeting on Thursday.

 

I'm not a member of a union.

 

Thanks in anticipation.

 

mediaseller.

[Harrison04]

I'm no expert but make sure that you take somebody into the meeting who can act as an independent witness to the proceedings.

[Guest Old_andrew2018]

Sorry I've only just noticed your thread, how did everything go?

 

Andy

[Guest mediaseller]

Hi to you all.

 

My question is what should I do?

 

I joined my company in 2007 and my managers were very happy with my work until recently.

 

About 8 months age a series of personal & family occurrences started which have continued until the present. Some were quite upsetting and others not but none the less, added to a build up of stress.

Due to the recent credit crunch and company cutbacks our company has started to look at where savings can be made and started to trim staffing levels by reviewing performance of individuals. Two people have been disappeared by this means within the last month and now I believe that I am on the list.

Back in February this year I started to suspect that I may be suffering from the adult version of ADHD, Attention Deficit & Hyperactivity Disorder. I contacted my GP to arrange a consultation with a specialist and made my employer aware of my suspicions in an annual review. In the meantime I had still not heard from a specialist for an appointment up to even 7 weeks ago.

Six weeks ago I was called into a disciplinary meeting and questioned over my performance & accuracy and while I explained my suspicions of my condition again this seemed not to be taken seriously but my employer did suggest I chase up my GP for an appointment which I duly did and I offered to pay privately to speed things up.

Still with no appointment forthcoming I found my own private specialist through a support group and got a diagnosis which confirmed my suspicion, all within a week of my disciplinary meeting. (The disciplinary procedure was called off and dropped on the same day it occurred once I re-iterated my suspicions of the condition).

I have now been confirmed as suffering this disability and have the Dr’s letter to prove it. It’s also been shown that I have suffered from this condition since childhood and will continue to suffer for the rest of my life. I am now taking medication to control it and also taking positive steps to help myself through learning coping strategies.

Just over a week ago I was called into an informal review of the current status with my manager & the HR manager. Despite previously asking for assistance in my working conditions to help me do my job better my employer has still not made any effort to help me and I mentioned that fact in this meeting They tried everything they could to put into doubt that I needed any assistance. They also suggested that it seems very suspicious that I suddenly get a diagnosis of this disability when faced with disciplinary action despite me telling them again that I had brought this up in February this year.

It was a very stressful meeting and it preyed on my mind the whole weekend.

I strongly believe that they are trying to get rid of me without actually helping me to improve my work output & quality & not allowing enough time for my medication & therapy to work. I appear to have put an obstacle in their way which they don’t like.

Having had a week off (cause by the stress of that meeting) on my GP’s advice I am going back to work tomorrow and don’t have a clue what to expect. If it’s for the worse I intend to raise a grievance with them and will possibly do this anyway since they have made no offer of assistance

Has anyone else been in this situation and can you offer any advice? Also does this constitute discrimination since they are not paying attention to my needs?

How strong a case would I have in a tribunal if it went that far?

I hope you can offer some advice.

Thanks in advance.

Mediaseller.

[andymanx]

subb

[mariefab]

Acas - Disability

 

I would suggest that you put your grievance in writing immediately.

Title the document 'Grievance'

Address it to your line manager

 

In the main body of the document state;

When you first alerted them of your suspicions of a disability,

that you repeated this at the disciplinary meeting,

that you followed your employer's suggestion to seek medical advice and a diagnosis of ??? was made on/around 'date'.

 

When you first asked them for assistance in you working conditions,

any other dates on which you asked for their assistance.

 

State that they have failed to offer you any assistance to date and that you request a meeting at which your grievance can be discussed.

 

At the bottom of the document put'

Grievance received by..................Date.............

 

Print 2 copies, hand one to your line manager (or their representative/secretary if you can't immediately access your manager).

Get them to sign and date one copy and keep it for your records.

 

Hopefully this will stave off further disciplinary procedures and pave the the for them to investigate the ways in which they can assist you to do your job.

 

Alternatively, it will be a useful document to present at an employment tribunal hearing.

[mariefab]

P.S.

If possible do this today because if they give you notice of a disciplinary meeting today it would be good if you got your grievance in first.

[Guest mediaseller]

Thanks mariefab.

 

I have taken your advice. i'll keep you posted.

 

regards.

 

mediaseller

[kfdh1962]

as a minimum i would expect you employer to ask for your consent to seek a medical report from your gp. This would enable them to confirm your condition , and to understand its likely effects in terms of your day to day activities, specifically in relation to your job role.

If ADHD is covered by DDA, then they have an duty to make "reasonable adjustments". Taking disciplinary action for performance etc having made no such reasonable adjustments is a no no really

[kfdh1962]

whilst some conditions are automotically covered under DDA, for example MS, other conditions are not automoatically covered by DDA.

 

Learning disorders such as dyslexia are not automatically covered, but are probably/possibly covered, dependant on the severity.

 

At this point in time your employer does not know the extent of your condition, and has not made any attempt to establish the extent of your condition, and IMHO they should be taking steps to do just that, and should proceed as if it is covered by DDA

[Guest mediaseller]

I have now discovered that there is a very good possibilty that my personal emails are being monitored and opened.

 

My line manager told me today that my email diversion facility was set up in my recent sick leave to be forwarded to him. He recieved an email from my wife and he questioned me about the content which was quite innocent, pretending that he was in the dark about it just as much as me.

 

He did not set up forwarding and the IT manager is denying doing it. Only someone with my password or the IT manager could do this.

 

I am asking for an explanation about this citing my rights under the data protection act.

 

I am begining to feel harrassed now and considering what further action I can take to stop this intollerable situation. All I want to to is go to work and do my job the best I can with the assistance of my employer.

 

Does anyone have any suggestions?

 

regards

 

mediaseller:(

[mariefab]

I have no idea if they are allowed to do this.

 

I suggest that you tell your wife, and anyone else who might send you non work related emails, not to use your work addy again.

 

Also, don't use it yourself for anything to do with grievance or disciplinary procedures. Use printed documents (and keep copies) instead.

Keep it strictly for legitimate day to day business only.