Communication and thought are at the root of accessiblity, fairness and inclusivity. The bottom line is this costs nothing and can increase profit. It also reduces the costs of compensating unfairly dismissed employees. Image by Markus Winkler from Pixabay
As new laws come in, dinosaurs lash out, it seems. I have been working with two honest, contienscious employees who were dismissed suddenly for ‘gross misconduct’ for incidents, which were avoidable with reasonable adjustments, communication and access to guidance.
Gross misconduct could derail someone’s career. Particularly when someone has worked in a role successfully for over a decade or painstakingly gained a qualification despite challenges from neurodiversity out of love for a profession. Only a toxic employer could dismiss someone in the last decade of working life without pay in today’s living crisis, who is neurodiverse and had to mask their disability to pursue an inome.
As we get older we find our way into work we love with transferable skills and a library of knowledge, smarts and experience. To put gross misconduct on someone’s employment record is cruel and heartless. To scapegoat someone for a one-off genuine mistake or piece of sub-standard work because they could not access guidance is discrimination.
Employers may want to read Deloitte’s study ‘A Rising Tide Lifts All Boats‘. (Downloadable PDF)
This means that a diverse workforce benefits everyone, the whole company. GCHQ (Daring to Think Differently) and other government agencies have sought out neurodiverse employees for their laser tunnel focus, immersive understanding, analytical skills, honesty, loyalty, creativity and problem solving.
In the wrong work environment, which is too homogenous with everyone sharing the same point of view, these skills are wasted and possibly disruptive to the demotivated workforce
I am planning on taking any training from Acas to help me represent anyone who is unfairly dismissed or scapegoated for reasons arising from a disability, where no reasonable adjustments were made or needs based assessment carried out. Acas call this free service ‘Early Conciliation’.
From the date you were dismissed, the early conciliation form must be submitted within three months minus one day. They respond to you or a named representative within 10 days to start the process. This is before going to tribunal when the aim is not to get your job back but to get compensation, such as for ‘hurt feelings’ as the law calls disability discrimination. This includes lost earnings or over turning a damaging category of dismissal to not prevent an onward career.
New laws coming in, which might make outdated work environments want to get ahead of the tide before the floodgates open, include: day one flexible working, end to zero hours contracts, rising minimum wage and putting supply teachers back under local authority control.
The appeal process, Acas explained, is when you want to overturn the dismissal and be reinstated. This means you want your job back and to continue working as if you had not been dismissed with equal, fair treatment and, if applicable, reasonable adjustments to ensure you can work to a satisfactory standard and avoid future disciplinaries.
Before the Equalities Act 2010, it was difficult to challenge an employer for disability discrimination. I was scapegoated shortly after my dyspraxia diagnosis in 2006, so I know first hand how wounding it is and stressful to be plunged into sudden and unexpected financial shortfall.
I also aim to help employers see the bigger picture and plan a way to attract qualified applications from a wider pool of applicants, raise staff morale by embracing diversity without positive discrimination.
I have worked as a commnicator guide for Deafblind UK, written and researched on careers magazines for under represented groups and have volunteered in accessibility since 2003 and am passionate about inclusive workplaces, which can harness the contributions of diverse employees to increase productivity and profit for all.
Sophie Sweatman 