Can you be fired for having ADHD if they knew you had it when you started work?

ubersonic

ubersonic

ubersonic

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As title, I have had severe ADHD since childhood and have worked for a company for around 12 years, they knew all about the disability when I was taken on but it was never a problem, and while I freely admit that it did impact my work they were never concerned, presumably as they were paying minimum wage for a higher skilled job. I am in charge of a small business SBS2003 (soon to be 2012) domain and responsible for all hardware, software, backup, support, etc issues on the network as well as designing/printing company stationary and folders, company website, etc, I also answer the phones if one rings near me, do what I can to help out, etc. So it's not like I don't do more than enough work for my pay grade if you get me (basically I mean anyone else would want double/triple my wage so it's not like their losing out and they have always been fine with this).

But recently a new manager took took over above me and appears to be a total ****, he regularly screams at me about how I act like a child, need to grow up, focus, manage myself, etc, etc, he says disability is no excuse as it doesn't effect other people (:confused:). The funny thing is that his ****-fests are making my performance much worse than normal and so he's getting even rattier about that.

I am pretty sure he is gearing up to sack me for lack of performance and I am wondering can I actually be sacked specifically due to a disability that the company was made aware of when I started over a decade ago? I would have thought that was a no no but /shrug.
 
If you can prove they sacked you due to a known and diagnosed disability that's not been a problem for over a decade until this new guy turned up then you would absolutely **** all over them in a tribunal.
 
Exactly what ^ said.

Also, the things that he's complaining about, do they match the symptoms of an ADHD sufferer? i.e. lets say I was in a wheelchair and my manager lost his rag because I couldn't walk, is it as clear cut as that?

If so, stick with what you're doing and if you get fired, you could take him to the cleaners in your sleep.
 
ubersonic said:
But recently a new manager took took over above me and appears to be a total ****, he regularly screams at me about how I act like a child, need to grow up, focus, manage myself, etc, etc, he says disability is no excuse as it doesn't effect other people (:confused:).
Click to expand...

If this is true then I don't think this new manager will be around very long! :eek:
 
ubersonic said:
As title, I have had severe ADHD since childhood and have worked for a company for around 12 years, they knew all about the disability when I was taken on but it was never a problem, and while I freely admit that it did impact my work they were never concerned, presumably as they were paying minimum wage for a higher skilled job. I am in charge of a small business SBS2003 (soon to be 2012) domain and responsible for all hardware, software, backup, support, etc issues on the network as well as designing/printing company stationary and folders, company website, etc, I also answer the phones if one rings near me, do what I can to help out, etc. So it's not like I don't do more than enough work for my pay grade if you get me (basically I mean anyone else would want double/triple my wage so it's not like their losing out and they have always been fine with this).

But recently a new manager took took over above me and appears to be a total ****, he regularly screams at me about how I act like a child, need to grow up, focus, manage myself, etc, etc, he says disability is no excuse as it doesn't effect other people (:confused:). The funny thing is that his ****-fests are making my performance much worse than normal and so he's getting even rattier about that.

I am pretty sure he is gearing up to sack me for lack of performance and I am wondering can I actually be sacked specifically due to a disability that the company was made aware of when I started over a decade ago? I would have thought that was a no no but /shrug.
Click to expand...

Do you have anything "on paper" to prove they initially hired you with full knowledge of your disorder? Got anything from the docs proving your condition? If so, gather it all up (along with some info on ADHD) and thrust it under his obnoxious snout. If you suspect he's lining up to get rid of you, make sure you have all your bases covered - then when it does happen you'll be laughing all the way to the tribunal.
 
You need to go over his head and speak to someone about it.

His bad management is impacting your performance, so do something about it before he tries to use your diminished performance as an excuse for his treatment of you.
 
Screaming at you is asking for trouble, record it then stamp on his foot and drop the nut on his nose problem solved or report him to more senior management.
 
Same as me, Go tell HR & I bet they already know he is a ****. Nobody has the right to scream at anybody disabled or not.
 
As they said, if they do sack you on the grounds of your disability even though the company knows about, you'll be able to take them to the cleaners in an employment tribunal since it would class a unfair dismissal (not to mention there's that little thing called the disability discrimination act that they would have breached as well).

If they do something stupid (after you've been awarded judgement) like not bother paying, then get an high court writ as high court sheriffs have more powers then county court bailiffs and you most likely (if my information is correct) won't have to pay the fee to get the writ issued.
 
Don't do anything for the moment please.

All new managers like to stamp their authority and try to change things when they are new, most are **** but you do get the occasional decent one. Seen it too many times at the DM and most of the time they get shot down in flames.

Give it a couple of weeks and see if things improve (log everything), if they don''t then seek advice but for the moment play it cool.

Build your evidence before you commit to a grievance procedure.
 
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Curio said:
Do you have anything "on paper" to prove they initially hired you with full knowledge of your disorder? Got anything from the docs proving your condition? If so, gather it all up (along with some info on ADHD) and thrust it under his obnoxious snout. If you suspect he's lining up to get rid of you, make sure you have all your bases covered - then when it does happen you'll be laughing all the way to the tribunal.
Click to expand...

an application form from day 1 ought to do it
 
ubersonic said:
.....he regularly screams at me about how I act like a child, need to grow up, focus, manage myself, etc, etc, he says disability is no excuse as it doesn't effect other people (:confused:).
Click to expand...

My knowledge of ADHD is limited, but aren't these things he's highlighting actually symptoms of your condition? In which case, there's a pretty serious issue there.

Sounds like he actually needs some training on how to deal with staff with disability - that's something the company needs to correct urgently (before you sue their ass)
 
Isn't ADHD one of those fictional illnesses anyway?

It doesn't sound like this has anything to do with your 'disability' either way, so I'd probably forget that. View this more as a 'jerk manager' issue.
 
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