Asperger's Syndrome at Work

When a person declares Asperger's syndrome during the hiring process, the organisation has several legal obligations to support the individual:

1. Reasonable Adjustments: Under the Equality Act 2010, employers are required to make reasonable adjustments to ensure that employees with disabilities, including Asperger's syndrome, are not placed at a disadvantage compared to other employees[1][4]. 

These adjustments may include:

- Modifying the recruitment process if needed

 - Adapting the physical workplace (e.g., providing screens around desks or noise-cancelling headphones) 

 - Adjusting work schedules or responsibilities 

 - Providing additional training or support2. 

Non-Discrimination: It is unlawful for an employer to treat a person with Asperger's syndrome less favorably due to their condition. This includes both direct discrimination and discrimination arising from disability[4].3. 

Needs Assessment: The organisation should conduct a needs assessment to determine what specific support or adjustments the individual may require. This assessment should be carried out by a trained practitioner with knowledge of autism[2].4. 

Confidentiality: The employer must maintain confidentiality regarding the employee's condition unless the individual gives consent for disclosure[4].5.

Training and Awareness: The organization should consider providing training to managers and colleagues to promote understanding and effective communication with the employee with Asperger's syndrome, but only with the individual's consent[4].6.

Ongoing Support: The employer should regularly review the effectiveness of any adjustments made and be open to making further changes as needed[1].7.

Equal Access to Opportunities: The organisation must ensure that the individual has equal access to career development, training, and other workplace opportunities[1].8. 

Mental Health Support: As people with autism are more likely to have mental health needs, the employer should ensure access to appropriate mental health services if required[3].It's important to note that while these are legal requirements, the specific adjustments and support provided should be tailored to the individual's needs, as not all people with Asperger's syndrome require the same level or type of support[1]. Open communication with the employee about their needs and preferences is crucial for successful integration and support in the workplace.

Citations:

[1] https://www.lawscot.org.uk/members/journal/issues/vol-62-issue-08/asperger-s-syndrome-and-the-workplace/

[2] https://livingautism.com/autism-rights/

[3]https://assets.publishing.service.gov.uk/media/5a7f7b68e5274a2e87db61e5/autism-guidance.pdf

[4]https://rct.learningpool.com/pluginfile.php/711/mod_folder/content/0/Saesneg%20-%20English/Factsheet%20on%20Aspergers%20Syndrome%2012_13.pdf?forcedownload=1

[5] https://commonslibrary.parliament.uk/research-briefings/cbp-7172/

In the UK, a person with Asperger's syndrome is still entitled to protection and support in the workplace even if they fail to declare their disability at the recruitment stage:

1. The Equality Act 2010 protects people with Asperger's syndrome, which is considered a disability under the law, regardless of whether they disclosed it during the hiring process. [1][2][3]

2. Employers have a duty to make "reasonable adjustments" to support autistic employees, even if the employee did not disclose their condition upfront. This can include adjustments like noise-cancelling headphones, quiet workspaces, flexible schedules, and communication aids. [1][3]

3. Autistic employees are protected from discrimination, harassment, and victimization in the workplace under the Equality Act, whether or not they disclosed their condition. [3][5]

4. The burden of proof is on the employee to demonstrate that they meet the legal definition of disability, which may require providing expert evidence, especially for "invisible" conditions like Asperger's. [5]

5. While it is often recommended to disclose one's autism diagnosis to an employer to facilitate accommodations, it is the employee's choice whether to do so. Employers cannot penalize an employee for choosing not to disclose. [3]

In summary, a person with Asperger's syndrome is still entitled to workplace protections and reasonable adjustments under UK law, even if they did not declare their disability during hiring. The key is demonstrating that their condition meets the legal definition of disability if challenged by the employer.

Citations:

[1] https://www.leicspart.nhs.uk/autism-space/employment/reasonable-adjustments-at-work-autistic-people/[2] https://www.sydneymitchell.co.uk/news/aspergers-syndrome-can-be-disability-employment-law-terms[3] https://www.autism.org.uk/advice-and-guidance/topics/employment/support-at-work/autistic-adults[4] https://securityprofession.blog.gov.uk/2023/06/26/living-and-working-with-high-function-aspergers-syndrome/[5] https://www.gmb.org.uk/thinking-differently-at-work/neurodiversity-and-the-law.pdf

An employee with Asperger's syndrome can request reasonable adjustments in the workplace in the following ways:

1. **Meet with the employer** to discuss what adjustments are needed. Come prepared with specific examples of adjustments that would help, such as noise-cancelling headphones, quiet workspaces, flexible schedules, clear instructions, and regular feedback[1][4].

2. **Explain how Asperger's affects you** in the workplace, such as sensory issues, communication challenges, and difficulties with changes in routine. Relate the requested adjustments to your specific needs[2][4].

3. **Provide a list of the adjustments you are requesting**, their estimated costs, and how they will positively impact your wellbeing and work performance without being detrimental to the employer or other employees[3].

4. **Suggest low-cost, easily implemented adjustments** that are available to all employees, such as flexible hours, clear job expectations, and reassurance in stressful situations[3][4].

5. **If the employer is unsure about providing certain adjustments**, offer to trial them for a period of time to demonstrate their effectiveness[4].

6. **Consider applying for Access to Work funding** through the government, which can help cover the costs of adjustments, equipment, apps, travel, and autism awareness training for your workplace[2].

The key is to work collaboratively with the employer, provide clear explanations of your needs, and suggest reasonable adjustments that will enable you to perform your job well while balancing the employer's needs. 

Employers have a legal duty to make such adjustments under the Equality Act 2010.

Citations:

[1] https://www.lawscot.org.uk/members/journal/issues/vol-62-issue-08/asperger-s-syndrome-and-the-workplace/[2] https://www.bristolautismsupport.org/reasonable-adjustments-at-work-for-autistic-adults/[3] https://link.springer.com/article/10.1007/s10803-021-05413-x[4] https://www.england.nhs.uk/south/2023/03/27/reasonable-adjustments-in-the-workplace-for-autistic-people/[5] https://www.leicspart.nhs.uk/autism-space/employment/reasonable-adjustments-at-work-autistic-people/