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

[ubersonic]

Record it and SUE SUE SUE. I might even go as far as to say he touched me on my special place because he was such a tit. People like that deserve it. And then when you win slap the living daylights out of him. That will teach him.

Haha, yeah that's the advie I seem to be getting from most sources (well not the second part). Apparently he has already pretty much cut his own throat on this because as another member of staff pointed out the is a guy here in a wheelchair and the new MD never screams at him for not being able to use the stairs. So he isn't just being abusive/discriminatory against my disabllity he's doing it against me exclusivly.

I'm not saying the OP is lying or making stuff up, what I am saying is it's worth highlighting that people don't always see things exactly the way they are when they're emotionally charged. For example "screaming", many people will interpret "screaming" to be very different things.

Well the guy I mentioned above came to speak to me after he heard every word the guy said from a few offices away through solid brick walls with insulated plasterboard on them.

ADHD being described as a 'disability' now is it?

Yup, recognised mental disability in the UK, USA, and pretty much every first world counrty, welcome to the 1980's, you'll love our hair

 

[estebanrey]

And I'd rather be an overpaid 'lick the bum' with a roof over my head, than a bitter grunt worker scraping by on minimum wage just because I have no ambition or talent.

If you think good/talented workers are promoted to management positions you are delusional.

http://en.wikipedia.org/wiki/Peter_Principle

Rather than seeking to promote a talented “super-competent” junior employee, Peter suggested that an incompetent manager may set them up to fail or dismiss them because they will likely "violate the first commandment of hierarchical life with incompetent leadership: [namely that] the hierarchy must be preserved".

I'd love to live in a world where the manager was more like a "Master Splinter", a wise old head who knew it all and could do all their employees jobs with their eyes closed. Sadly, out of around 20 different organisations I have worked for this has been the case in 2.

 

[robbiemc]

I'm disabled and have encountered issues with employers before (I'm a full-time wheelchair user).

A couple of things to note here:
1 - You've been in the job for 12 years now, so you're obviously doing something right.
2 - As you've been there so long, you have legal rights.
3 - Companies have the responsibility to make reasonable changes to allow for a disabled worker (and see number 1, you've been there ages, so obviously this has been working historically).

As you don't have an HR department I would suggest making an appointment with the Citizens Advice Bureau and take it from there.

It would be worthwhile to keep a diary of any incident that occurs, but try to be balanced. If you have some sort of 'episode' then note that down along with the MD's response. Try to stay away from subjective terms like 'screaming'. 'Raised voices' may be a better term.

Lastly, try to get some statements/comments from people who have witnessed a confrontation. Does he generally do this in private, or in does he humiliate you in front of colleagues?

Good luck OP, I feel for you on this, but honestly you do not have to put up with it.

 

[Xordium]

AFAIK diagnosis is a bit dubious and it appeals to middle class parents seeking special labels.

Little Johnny doesn't just struggle at reading and writing he's 'dyslexic'... he doesn't misbehave in class he's got 'ADHD' etc...

Then you don't know very well. We often use imaging (MRI) to make the diagnosis. If you would like to actually find out about it you can search for my detailed post made some 2 years back on these forums or you could google search academic work by Xavier Castellanos.

 

[=XDC=FluphyBunny]

If you can do your job then you are are fine and have nothing to worry about.

Speaking to someone would be a start but I would write letters that can then be photocopied and a record kept.

If you can't do your job then pack your bags (unlikely that you can't but I have worked in places where people have been there 10 + years who couldn't do theirs)

Either way your manager is a tit.

Oh and lol Rofflay, I do love your anti-manager rants. Some deep seated issues there!

 

[atpbx]

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 your manager is "screaming" at you and degrading you regarding your disability he is demeaning you in the work place and is in violation of the equality act 2010 and you should take it up with HR.

 

[platypus]

Maybe in mickey mouse organisations. In proper work, the cream rises to the top.

In what world are you living in?

In organisations the world over, the people who play the game rise to the top. The people who cosy up to the right people, the people who deal behind other peoples backs, the people who are the exact opposite of being the cream. Management, especially middle tier management is stock full of incompetent people who are paid too much money for being in charge of people who actually know what they are doing, the 'talent' as you put it, and for the large part work better when not being bothered by someone who's done a management course.

Have you ever worked for an Enterprise?

 

[Schlong&Stable]

Some people need degraded to get the best out of them.

 

[Locky]

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.

Try bringing up a child that has it bad (my other children are fine) and tell me it's fictional then...

 

[Xordium]

Some people need degraded to get the best out of them.

Well if the best you can offer to this thread it that pathetically short post then really there is no hope for you whatsoever. You should be shamed that you littered this forum with such tripe. Utterly ashamed. No go and cry in a corner and do better next time.

 

[Schlong&Stable]

Well if the best you can offer to this thread it that pathetically short post then really there is no hope for you whatsoever. You should be shamed that you littered this forum with such tripe. Utterly ashamed. No go and cry in a corner and do better next time.

Exactly! I however am the sort of person who has to take several weeks off work for stress over this kind of thing though. Fully paid of course.

Try bringing up a child that has it bad (my other children are fine) and tell me it's fictional then...

If one of my children turned out to have challenging behaviours, I'd not be fabricating some mental illness to cover up that they are just a challenging kid.

 

[ubersonic]

If one of my children turned out to have challenging behaviours, I'd not be fabricating some mental illness to cover up that they are just a challenging kid.

So if they had down syndrome you would just fix that by being extra strict, way to go man, why do we even bother researching into mental disabilities and trying to create treatments when you know it all already, you should prob talk to the doctors/scientists and set them straight

 

[ci_newman]

Try bringing up a child that has it bad (my other children are fine) and tell me it's fictional then...

Obviously you're just feeding them too many chicken nuggets and chips

 

[thep02]

Some people need degraded to get the best out of them.

Yup, you!

 

[dowie]

Then you don't know very well. We often use imaging (MRI) to make the diagnosis. If you would like to actually find out about it you can search for my detailed post made some 2 years back on these forums or you could google search academic work by Xavier Castellanos.

Out if interest roughly what percentage of people currently diagnosed with ADHD have had the diagnosis via an MRI?

How long have cases been diagnosed via MRI and would you say that you'd be fairly confident about the diagnosis of someone who was diagnosed as a young child prior to the use of MRI and is now an adult working full time?

 

[gothic_hobbit]

Sue the bar stewards.

 

[Xordium]

Out if interest roughly what percentage of people currently diagnosed with ADHD have had the diagnosis via an MRI?

How long have cases been diagnosed via MRI and would you say that you'd be fairly confident about the diagnosis of someone who was diagnosed as a young child prior to the use of MRI and is now an adult working full time?

This is irrelevant because you treat people based upon their needs not some arbitrary box you have stuffed them in because of some medical label. In the same way people are addressed on their fitness to work on their ability (well in theory) rather than their medical condition (with a few exceptions).

This is not a black and white thing and in fairness very few medical treatments are anything other than symptom alleviation. This case is not different. But in answer to your questions: the percentage would be unknown, the last decade, I am never confident in other peoples' diagnosis without good rationale - my function these days is end of the line I only get to see the more 'interesting' cases. But then I would say the same about most things - that's the whole point about having a speciality.

 

[Deleted member 66701]

Here's a question, how do you fire someone with a disability without them taking you to the cleaners for discrimination?

You can still fire a disabled person as long as the reason you're firing them isn't because of or related to their disability*

*As long as they can still do the job of course - i.e. if someone had both legs amputated during their employment with you as a labourer then it'd be fine to dismiss them as long as you've tried to make reasonable adjustments (which would be difficult in a labourer role).

 

[Dave M]

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,
...
I am pretty sure he is gearing up to sack me for lack of performance.

I don't know about the disability angle but regularly screaming at somebody is in no way gearing up to sack somebody for performance - not legally anyway.

Have you had any disciplinary meetings? Performance review, improvement plan?

He really can't sack you and say "I told him he was **** loads of times", he needs records of a process being followed or it will end up costing them a lot of money. Do you have a written contract, written statement or employee handbook (something detailing among other things the disciplinary process) ?

Is he an owner or shareholder or just an employee, when you say managing director do you mean he's registered on companies house or just in name? If not try speaking to a real director or shareholder. In writing if at all possible, and keep a copy.

 

[Kenai]

What actually happened that caused him to shout? You mentioned he criticised your behaviour as childish but what exactly were you doing? If you took inspiration from the April Fool thread and taped an airhorn to your MDs chair or something then it was probably deserved