Employment and Support Allowance (ESA)
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discriminating

I had a meeting with my boss. and even though it wasn't logged I put in my notes what was said. he said I wasn't suitable for a promotion because I am autistic and the other 2 men a tent. that the would get it over me for this reason....... is this wrong and do I have a case to fight against them.

Replies

  • TopkittenTopkitten Member Posts: 1,154 Pioneering
    It's a difficult situation and one that needs expert advice. It is likely, however, that their promotion could be justified based on differing abilities. Don't forget that healthy people also have to deal with such situations.

    I know it's a current trend to take punitive action but I feel that it would be likely to cause you even more problems in he future. You may well force them to promote you but they could retaliate by giving you work you cannot cope with. Thus, if you fail to be a success in the new post, it may give them grounds for dismissal.

    Get good advice and think very carefully about how you deal with it.

    TK
    "I'm on the wrong side of heaven and the righteous side of hell" - from Wrong side of heaven by Five Finger Death Punch.
  • AlexAlex Scope Team Posts: 1,325 Scope community team
    Hi @Rich85,

    It’s unlawful for an employer to treat you less favourably as a disabled person. If you think your employer is discriminating against you because you are disabled, contact the Advisory Conciliation and Arbitration Service (ACAS) for free.
  • MarkmywordsMarkmywords Member Posts: 407 Pioneering
    Hello @rich85,

    If you are capable of carrying out the duties of the higher position to an adequate level then it is actually an offence to discriminate because of your disability.

    You would have to prove that disability was the only reason for not considering you.

    Without evidence it is unlikely that you can achieve anything I'm afraid.
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