Work tribunals?

[adamhornsby]

Hi all. I'm having a massive problem at work. I have Aspergers and feel discriminated. My role in my job is operations, however I am being forced to sell, and having AS I feel I have a huge disadvantage. Work have ignored this, even stating they don't know about Aspergers. The company is trying to make everyone sell, yet people like me aren't suitable, and are being forced out of operations or to leave.

I have since in the mean time, applied for a new job, do fingers crossed. If I get it, can I take my previous company to court for discrimination?

Cheers

[woofgang]

Have you got a formal diagnosis of Asberger's? Did you formally inform the company of your limitations when they employed you or before this point? It may be that they are not actually discriminating against you if they are treating your colleagues in the same way.
Can i suggest that you contact ACAS (google for the website) for more help?

[adamhornsby]

Yes, I have been diagnosed with it and I am very sure I mentioned it on the application form so hr should know, my two previous managers knew about it

[woofgang]

then you seem to have some some kind of basis, do go and talk to ACAS.

[tonywiltshire]

In 2010 the disability & equality act 2010 replaced most of the DDA, the disability equality duty continues to apply. You may well qualify under the disability discrimination act 2005 18 (2), Under section 3A of the disability discrimination act 1995, it states:
“ A person discriminates against a disabled person if for a reason which relates to the disabled person’s disability, he treats him less favourably then he treats or would treat others, to whom that reason does not or would not apply. “

You are saying your employer is insisting all (not some) employees act as if in a sales capacity, so he is not discriminating against you. You claim this has a more harmful impact on you due to your condition, so I would strongly suggest you ask why your employer is acting in this way, is the company in trouble? At the same time explain why this has a greater impact on you than it might others. There is a lot to be gained by talking over things that affect you with your employer; to try the legal route may not be the correct one straight away and may be very difficult

[rowanwitch]

Contact a Disability Employment adviser at your local jobcentre plus... they may be able to helo you work this through with your employer or sort out some training for you to help you cope better with the changes`