Declaring autism in a job interview and beyond

wegotitugetit

wegotitugetit

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I'm asking about declaring you have autism during a job interview and if you have not declared it during the interview how some one would stand

i am now currently working for a new company I'm currently in a manager / head of department role , one of the members of this new department has now stated after 2 weeks of work he has autism but has not stated this on his job application or during the interview process

i only know slight bits about autism but I'm a little concerned about this person and a few things make sense towards behaviour etc now .

we work within confined spaces which doesn't seem to affect him , but he does seem to go off the job and is interested in other people's jobs rather then finishing his own this is just one thing , others include taking direction from me who has had previous experience , if he does not finish the job he could cause major damage and loose his job because of it and i don't want that to happen

so question is can the company actually get rid of this person for not disclosing this disability during interview stages or beyond

if they do keep him on is there anything i should now start to look out for and any help i could actually offer when the site goes live later this month id prefer to have info then go in blind and cock it up
 
I don't know but I'd be surprised if you could effectively discriminate based on disability, unless it specifically prohibited the person from doing their job. I expect you will need to speak to your HR team and if you don't have a specific one speak to someone who can give you some full advice.

If you think he can do the job, personally, especially as recruitment is so time consuming, I'd simply try and work with the person and see how \ if you can make it work. Ultimately if you can't make it work you can''t keep the person, but as with everyone you would have to give them every opportunity to succeed first.

Good luck.
 
You should be addressing your concerns to your HR department. It also sounds like you've not been provided with the basic disability awareness training that ought to be part of the role of any head of department managerial role.
 
He only told us tonight they are looking into what an be done if it is safe enough for him to carry on etc at moment I'm more curious to what might happen. As for training and hr because it is so early on nothing will be sorted yet we finish at 4pm and he told us at 3.50 so little time our current site is a building site at moment so no offices etc as of yet
 
Am I right in thinking this person has only just been recruited and has been in the job for only 2 weeks?

If this is the case and they went though an application process that asked, as most do these days, if they have any medical problems/conditions that may affect there ability to do the job and did not mention the Autism at that time then they may well find themselves out of a job
 
What is the job role and why do you think they aren't capable just because they are autistic?
 
I too am unsure that its legal to discriminate against people who may be considered disabled. You would have to prove he could not do the job, not just speculate. He may also prove to be good at the job once he has settled down. Looking at others jobs may just be an act of friendly curiosity at such an early stage of employment.

Discolousure of health issues may have legal privacy aspects these days - my employer, a major government department, has removed all references to health from the application forms - the same as it did when asking about age became illegal and prior to that it removed questions about marriage status and how many children the applicant had. Times move on and prejudice gets stamped on.

A friend has a brother with Aspergers (related to Autism) and the brother is considered to be a world recognised expert in his field of work, with several published books. I also saw a lady on the TV who is both Autistic and a qualified driving instructor. There are many levels of ability within the Autistic spectrum, just as intelligence and ability varies in any group of humans.

Try finding out more from these people
http://www.autism.org.uk/

You could also try reading a book called 'Born on a Blue Day' written by an Autistic person himself - its a very interesting read for anyone.
 
Keith W said:
Am I right in thinking this person has only just been recruited and has been in the job for only 2 weeks?

If this is the case and they went though an application process that asked, as most do these days, if they have any medical problems/conditions that may affect there ability to do the job and did not mention the Autism at that time then they may well find themselves out of a job
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And the reality of the situation today is, that if you even mention that you have a medical problem, then you will not get to the interview stage.
 
andy700 said:
And the reality of the situation today is, that if you even mention that you have a medical problem, then you will not get to the interview stage.
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Catch 22 Andy

If they ask and you fail to mention it then you could be out the door

If they ask and you tell them all then you may not get your foot through the door in the first place
 
Keith W said:
Am I right in thinking this person has only just been recruited and has been in the job for only 2 weeks?

If this is the case and they went though an application process that asked, as most do these days, if they have any medical problems/conditions that may affect there ability to do the job and did not mention the Autism at that time then they may well find themselves out of a job
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Keith

That's incorrect. It's actually no longer legal to ask this under the Equality Act 2010.

@wegotitugetit . He didn't need to declare at interview. I would suggest you need to seek some formal HR advice through your Co. to prevent any issues/claims around discrimination
 
Keith W said:
Catch 22 Andy

If they ask and you fail to mention it then you could be out the door

If they ask and you tell them all then you may not get your foot through the door in the first place
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No. See above
 
From my previous experience in management you need to leave it at the feet of HR as ultimately thy will have to manage the situation and the legalities surrounding it, That way you'll protect yourself and the company if issues occur from the non disclosure of the condition.
 
No quite as simple as that Adrian and without all the facts it is hard really to comment

An employer can ask if/after an offer of employment is made, if the person did not declare anything at that time but some two weeks later claimed a disability then they would be on sticky ground, not the employer

Like I said it is hard to comment without all the facts
 
Legally you are not obliged to disclose ANY medical condition to an employer or prospective employer; nor should they be asking as part of the recruiting process.

However, if you choose not to declare a medical condition, and it does directly impact your ability to carry out your job, the employer will have cause to take action.

That's not the case if you develop a medical condition when already employed, which is more complicated....for the employer anyway.
 
MidnightUK said:
I too am unsure that its legal to discriminate against people who may be considered disabled. You would have to prove he could not do the job, not just speculate. He may also prove to be good at the job once he has settled down. Looking at others jobs may just be an act of friendly curiosity at such an early stage of employment.

Discolousure of health issues may have legal privacy aspects these days - my employer, a major government department, has removed all references to health from the application forms - the same as it did when asking about age became illegal and prior to that it removed questions about marriage status and how many children the applicant had. Times move on and prejudice gets stamped on.

A friend has a brother with Aspergers (related to Autism) and the brother is considered to be a world recognised expert in his field of work, with several published books. I also saw a lady on the TV who is both Autistic and a qualified driving instructor. There are many levels of ability within the Autistic spectrum, just as intelligence and ability varies in any group of humans.

Try finding out more from these people
http://www.autism.org.uk/

You could also try reading a book called 'Born on a Blue Day' written by an Autistic person himself - its a very interesting read for anyone.
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This
All of it.
My initial reaction when reading through the OP wouldn't get through the swear filter.

A news story last week said that banks were actively seeking people on the autistic spectrum because of their talent for attention to detail.

There are some hellishly out of date attitudes on this thread. Many large employers offer a guaranteed interview scheme for people who declare a disability. Due to the DDA a major employer with no visible disabled people is opening itself up to the possibility of an investigation. Of course small companies can get away with this kind of attitude, but only until someone decides to take it to court.
 
Keith W said:
Am I right in thinking this person has only just been recruited and has been in the job for only 2 weeks?

If this is the case and they went though an application process that asked, as most do these days, if they have any medical problems/conditions that may affect there ability to do the job and did not mention the Autism at that time then they may well find themselves out of a job
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Yes including me they only just doing interviews for normal staff now
 
wegotitugetit said:
As for training and hr because it is so early on nothing will be sorted yet we finish at 4pm and he told us at 3.50 so little time our current site is a building site at moment so no offices etc as of yet
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Regards disability awareness training.. it should have been part of your training for a management role anyway. It's not a case that ten minutes notice isn't enough to organise training, it's a basic element of your role and you should have the knowledge already. And this lack of knowledge is showing very badly in the attitude that comes across in your opening post.

But in construction nothing surprises me..
 
wegotitugetit said:
Why should I have the knowledge already 1st time in this role and u think I should not it already

Well I don't simple as
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I believe the point is that as part of your training as a new manager, this should have been covered. :)

To be totally blunt, your attitude towards this issue is at the thick end of ignorant and bordering on illegal. Should this 'get legal' it'll be your arse on the line. Your mitigatation is that your employer should have trained you. The phrase that will stick is 'vicarious liability', they're responsible for your ignorance because it's their responsibility to train you.
 
wegotitugetit said:
Not going to give out full details just incase there is legal battle but working inside machines that can crush easily. He wil work on his own 85% of the time and will have to interact with customers
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Can you explain why you believe his condition makes this an issue?
 
Legal issues aside, I think your company needs confirmation where this person sits on the autism 'Spectrum' (which is vast), in order for them to be able to asses his ability to actually do the job safely. My Niece is Autistic, but sits very low down on the Spectrum, and actually presents itself in a little OCD. An old school friend of mine has an Autistic Son, who is right at the other end, and is a completely non-verbal 11 year old who has massive meltdowns on a regular basis.

Obviously, there is a lot of middle ground with this condition, but ultimately, his ability to do his job should be whats assessed, just like any other employee. He should have what my Sister referred to as a 'Letter' which states where he is on the Spectrum.
 
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Phil V said:
I believe the point is that as part of your training as a new manager, this should have been covered. :)

To be totally blunt, your attitude towards this issue is at the thick end of ignorant and bordering on illegal. Should this 'get legal' it'll be your arse on the line. Your mitigatation is that your employer should have trained you. The phrase that will stick is 'vicarious liability', they're responsible for your ignorance because it's their responsibility to train you.
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I'm not the main manager im more like head of department which is only 3 of us

The training on issues raised will be done from wat I can gather but area manager is here so it is his issue not mine I'm just asking would there be
 
wegotitugetit said:
Not going to give out full details just incase there is legal battle but working inside machines that can crush easily. He wil work on his own 85% of the time and will have to interact with customers
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Lone working in a high risk environment.. ..

Your employer sounds more attractive with everything we hear.. ..

(I hope this isn't the readymix industry)
 
It isn't really your problem.

If you have any concerns with him being unable to do or unsuitable for the job take it up with either HR or your manager if you have one.

The last 4 or 5 companies I have worked for have all stated that the offer of employment is subject to a medical and if you have any conditions/ problems the company will do whatever is reasonably practical to help you to go about your daily duties.
 
I'm giving up this hole thing gone off subject. I was asking about some one else now it has come back on me asking about training etc as said I will. Be getting training but that is not what this is about if u. All think I have attitude problem I'm sorry but not the case and never intended it to be
 
wegotitugetit said:
so question is can the company actually get rid of this person for not disclosing this disability during interview stages or beyond
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The negativity started in the first post Moriarty, when you came across as looking for a means of firing someone for a condition you didn't understand. Your employer obviously doesn't take your management role very seriously if they haven't provided you with full training. The training discussion is having a go at your employer - not you. You've been left high and dry without the knowledge to do your job. Don't get defensive, unless you're also responsible for your own training.

The issues you should be considering are capability and reasonable adjustment, not jumping to fire the guy because you don't want to take on responsibly. But you should be aware that with a high risk task you can't discriminate against capability if the task isn't already being done safely. And based on my experience of the construction industry and it's attitude to safety, I hope you have all your RAMS up-to-date before you start deciding whether or not to fire this guy on a whim. If you fire the guy on the basis he can't follow an unsafe procedure you're on a whole heap of sh*t if he decides to pursue the company. And guess what, as head of department you're the first in the management chain when the inspector calls.
 
Alastair said:
The negativity started in the first post Moriarty, when you came across as looking for a means of firing someone for a condition you didn't understand. Your employer obviously doesn't take your management role very seriously if they haven't provided you with full training. The training discussion is having a go at your employer - not you. You've been left high and dry without the knowledge to do your job. Don't get defensive, unless you're also responsible for your own training.

The issues you should be considering are capability and reasonable adjustment, not jumping to fire the guy because you don't want to take on responsibly. But you should be aware that with a high risk task you can't discriminate against capability if the task isn't already being done safely. And based on my experience of the construction industry and it's attitude to safety, I hope you have all your RAMS up-to-date before you start deciding whether or not to fire this guy on a whim. If you fire the guy on the basis he can't follow an unsafe procedure you're on a whole heap of sh*t if he decides to pursue the company. And guess what, as head of department you're the first in the management chain when the inspector calls.
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Who said I was firing him I'm not the main manager
 
wegotitugetit said:
And if you read 1st post Alastair it states clearly anything that I can do to help
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Right after asking if the company can "get rid of this person".
It does sound like you'd rather have him gone than deal with it.
Take your concerns to HR and leave it in their hands.
 
wegotitugetit said:
I'm not trying to fire him I want to know is it possible if they don't go down the road I wanted to see what I'm up against so I can work with and help him
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This doesn't come across in any of your earlier posts. Quite the opposite.

But if that is your intention, good on you. Make sure that when you go to HR you are very clear that you want advice on how to support this employee and for guidance on what you can do to understand his condition and make any reasonable adjustments. Don't come across as looking for ways of assisting the company in dismissing him. Be positive.
 
wegotitugetit said:
I'm asking is that what they can do not can I get rid of him and it does state below that what can I do to help him
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Then the best thing you can do is leave it in the hands of the department whose JOB it is to know.
 
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