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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience:  15 years experience of advising on employment law matters
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Hi, I started work for my large internationally known employer

Resolved Question:

Hi,
I started work for my large internationally known employer on 5 Jan 2009.
It started really well but I then went off with stress and was diagnosed by a specialist as having ADHD, Aspergers and Dispraxia. I returned to work after seeing Occ Health and they decided to move me to my original job from a secondment, and moved me to the edge of the office due to noise.
Since then I have had fallings out with colleagues (its all about me was one comment as they stormed out of the team meeting). These problems with colleagues were documented on my annual performance reviews for the last two years,, and gone back to Occ Health at my request due to a feeling of isolation / bullying and limited opportunity within the company due to performance review documents being submitted with internal job applications for the manager to see. In July when I went to Occ Health for the second time it was suggested that my employer seeks training / guidance from the NAS. My employer just doesnt get it and it almost seems like they think I am faking it to gain an unfair advantage over my colleagues (we all have problems and all that, when ). Nothing has happened since July when I saw Occ Health so I recently went sick for five weeks with workplace stress (before then any sickness was for anxiety / depression).
I've since realised that there's a repeating pattern where I do well and then fall out with colleagues etc, but I was hoping that a diagnosis and reasonable adjustments would help. Now I am back at work and the employer wants to wait a couple of weeks before NAS training etc. I have therefore approached them for a settlement and they are offering three months pay (the agreement is being drafted as I type).
Can you please help with some advice as I am really struggling?
Many thanks,
Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you today. Are you looking to understand if their offer is sufficient? What have they said will happen if you do not accept the agreement?

Customer:

Yes can they simply offer three months and also can they document on my annual reviews problems caused by Aspergers

taratill :

Hi this is really complex which is why it would be useful to discuss it on the phone. Have they given you an alternative to accepting the agreement?

Customer:

Sorry I am at work. The alternative is to stay, or to leave without the compromise agreement

Customer:

I approached them

taratill :

My gut feeling is that the offer they are making is way too low. You need to seek some specialist employment law advice on this as you can achieve a much higher settlement agreement.

Customer:

And the documenting problems that are not my fault (as I see)?

Customer:

My condition is covered by the DDA

Customer:

Can they really do that? A yes or no would suffice, please?

taratill :

Hi you are being discriminated against they should not be treating you like this. No they cannot really do this and you should definitely seek legal advice.

taratill :

If you have any further questions please ask.

Customer:

Ok thanks

taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience: 15 years experience of advising on employment law matters
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