Need Honest opinion on disclosure of ASD

Need Honest opinion on disclosure of ASD

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161BMW

Original Poster:

1,697 posts

172 months

Tuesday 27th June 2023
quotequote all
Hi

I had a quick question regarding autism disclosure.

How is this seen typically by employers ? As I am debating with myself whether to disclose it or not ? I did not disclose it during recruitment mostly because it is another thing for an employer to think about and it could possibly rightly or wrongly be used to disqualify an applicant. Then I read somewhere on the internet that you should not disclose in recruitment.

Prior to starting I am unsure whether to disclose or not. I don’t think I have any adjustments but am just generally unsure how it is perceived or if ASD had any negative connotations around it. Lots of companies have EDI policies but I am just unsure how they work in practice between the hypothetical ideal and what works and happens in practice. The only reason I would disclose is just to be straight up about it. The reason for not to disclose would be I do not think I need any adjustments and to avoid any negative possible unconscious biases around it. I had a chat with the careers advisor regarding this but it has not really made it much clearer except it is an individual decision. I did check some internet forums and asked people with ASD for advice and they said do not disclose and it is always a risk in disclosing.

For what it is worth the company is a big multi-national company with subsidiaries in the automotive industry. It is an OEM.

All honest opinions on this subject would be appreciated.

Thanks

StevieBee

13,570 posts

262 months

Tuesday 27th June 2023
quotequote all
You will normally be required to disclose any medical conditions at contract stage (i.e, once you've been offered the position).

It is unwise not to disclose at that stage because should something happen that relates directly to your Autism, not only will it be difficult to demonstrate that the company is at fault, you may also be liable for any loss as a result of your failure to disclose and thus the inability of the company to make allowances.

You may also be in breach of your contract by failing to disclose so if this is discovered later on, you may find yourself in a tricky position.

Good luck.




jonsp

946 posts

163 months

Tuesday 27th June 2023
quotequote all
Just to clarify - you've been offered the position and have a start date so you've obviously passed the interview process without issue?

Slowboathome

4,460 posts

51 months

Tuesday 27th June 2023
quotequote all
My advice would be to disclose it on the medical form but not before.

As you say, there's no need for them to take this information into account as part of their selection process if you don't want any adjustments made during the interview.

161BMW

Original Poster:

1,697 posts

172 months

Tuesday 27th June 2023
quotequote all
jonsp said:
Just to clarify - you've been offered the position and have a start date so you've obviously passed the interview process without issue?
Hi yes passed without issue.

161BMW

Original Poster:

1,697 posts

172 months

Tuesday 27th June 2023
quotequote all
StevieBee said:
You will normally be required to disclose any medical conditions at contract stage (i.e, once you've been offered the position).

It is unwise not to disclose at that stage because should something happen that relates directly to your Autism, not only will it be difficult to demonstrate that the company is at fault, you may also be liable for any loss as a result of your failure to disclose and thus the inability of the company to make allowances.

You may also be in breach of your contract by failing to disclose so if this is discovered later on, you may find yourself in a tricky position.

Good luck.
I am not sure what you are saying is correct. Maybe if it was epilepsy etc it would be valid.

161BMW

Original Poster:

1,697 posts

172 months

Tuesday 27th June 2023
quotequote all
Slowboathome said:
My advice would be to disclose it on the medical form but not before.

As you say, there's no need for them to take this information into account as part of their selection process if you don't want any adjustments made during the interview.
Thanks yeah been given a medical form and was unsure whether to disclose. I had a range of mixed opinions.

StevieBee

13,570 posts

262 months

Tuesday 27th June 2023
quotequote all
161BMW said:
StevieBee said:
You will normally be required to disclose any medical conditions at contract stage (i.e, once you've been offered the position).

It is unwise not to disclose at that stage because should something happen that relates directly to your Autism, not only will it be difficult to demonstrate that the company is at fault, you may also be liable for any loss as a result of your failure to disclose and thus the inability of the company to make allowances.

You may also be in breach of your contract by failing to disclose so if this is discovered later on, you may find yourself in a tricky position.

Good luck.
I am not sure what you are saying is correct. Maybe if it was epilepsy etc it would be valid.
It is correct (I am an employer!) but it depends on the nature of the question that's being asked which is related to the work that will be done.

But the key thing to remember is that if there was the opportunity to disclose any medical condition but the employee chose not to and then something happened later on where that condition was central to the issue, the company cannot be held liable and the employee may be held liable.

Where it is implicitly stated that an employee must disclose all medical conditions but withholds that information, that places the employee in breach of contract.







161BMW

Original Poster:

1,697 posts

172 months

Tuesday 27th June 2023
quotequote all
StevieBee said:
161BMW said:
StevieBee said:
You will normally be required to disclose any medical conditions at contract stage (i.e, once you've been offered the position).

It is unwise not to disclose at that stage because should something happen that relates directly to your Autism, not only will it be difficult to demonstrate that the company is at fault, you may also be liable for any loss as a result of your failure to disclose and thus the inability of the company to make allowances.

You may also be in breach of your contract by failing to disclose so if this is discovered later on, you may find yourself in a tricky position.

Good luck.
I am not sure what you are saying is correct. Maybe if it was epilepsy etc it would be valid.
It is correct (I am an employer!) but it depends on the nature of the question that's being asked which is related to the work that will be done.

But the key thing to remember is that if there was the opportunity to disclose any medical condition but the employee chose not to and then something happened later on where that condition was central to the issue, the company cannot be held liable and the employee may be held liable.

Where it is implicitly stated that an employee must disclose all medical conditions but withholds that information, that places the employee in breach of contract.
As far as i understand it is up to the person to disclose. It is not breach of contract. It hardly ever been heard of whether you do or dont disclose that they are liable for anything.

Countdown

42,037 posts

203 months

Tuesday 27th June 2023
quotequote all
StevieBee said:
It is correct (I am an employer!) but it depends on the nature of the question that's being asked which is related to the work that will be done.

But the key thing to remember is that if there was the opportunity to disclose any medical condition but the employee chose not to and then something happened later on where that condition was central to the issue, the company cannot be held liable and the employee may be held liable.

Where it is implicitly stated that an employee must disclose all medical conditions but withholds that information, that places the employee in breach of contract.

if the condition was epilepsy or narcolepsy and the role was "Pilot" or neurosurgeon" then I can see your point but I can't see how ASD would place the Employee, Employer, Colleagues or customers at any risk?

StevieBee

13,570 posts

262 months

Wednesday 28th June 2023
quotequote all
Countdown said:
StevieBee said:
It is correct (I am an employer!) but it depends on the nature of the question that's being asked which is related to the work that will be done.

But the key thing to remember is that if there was the opportunity to disclose any medical condition but the employee chose not to and then something happened later on where that condition was central to the issue, the company cannot be held liable and the employee may be held liable.

Where it is implicitly stated that an employee must disclose all medical conditions but withholds that information, that places the employee in breach of contract.
if the condition was epilepsy or narcolepsy and the role was "Pilot" or neurosurgeon" then I can see your point but I can't see how ASD would place the Employee, Employer, Colleagues or customers at any risk?
It may not.

Autism is not a singular condition and that which may cause an issue is likely to be visible and self selecting anyway on the part of the employee. But there is some.

Imagine a scenario whereby someone with mild Autism has an episode which impacts a customer who subsequently sues the company or withdraws their business. As a consequence, the company may discipline or even fire the person. They may in turn claim unfair dismissal on account of their Autism but the company would then claim that this was not disclosed to them so they had no opportunity to mitigate the risk.

If a company requests information about the employee' health they have deemed this necessary as part of the person's employment. If the employee withholds information they are essentially lying which will not play well for them should something happen that requires reference to the Employment Contract.





161BMW

Original Poster:

1,697 posts

172 months

Wednesday 28th June 2023
quotequote all
StevieBee said:
Countdown said:
StevieBee said:
It is correct (I am an employer!) but it depends on the nature of the question that's being asked which is related to the work that will be done.

But the key thing to remember is that if there was the opportunity to disclose any medical condition but the employee chose not to and then something happened later on where that condition was central to the issue, the company cannot be held liable and the employee may be held liable.

Where it is implicitly stated that an employee must disclose all medical conditions but withholds that information, that places the employee in breach of contract.
if the condition was epilepsy or narcolepsy and the role was "Pilot" or neurosurgeon" then I can see your point but I can't see how ASD would place the Employee, Employer, Colleagues or customers at any risk?
It may not.

Autism is not a singular condition and that which may cause an issue is likely to be visible and self selecting anyway on the part of the employee. But there is some.

Imagine a scenario whereby someone with mild Autism has an episode which impacts a customer who subsequently sues the company or withdraws their business. As a consequence, the company may discipline or even fire the person. They may in turn claim unfair dismissal on account of their Autism but the company would then claim that this was not disclosed to them so they had no opportunity to mitigate the risk.

If a company requests information about the employee' health they have deemed this necessary as part of the person's employment. If the employee withholds information they are essentially lying which will not play well for them should something happen that requires reference to the Employment Contract.
would you actually hire someone with ASD ? Would they get an interview ?


Edited by 161BMW on Wednesday 28th June 10:33

StevieBee

13,570 posts

262 months

Wednesday 28th June 2023
quotequote all
161BMW said:
StevieBee said:
Countdown said:
StevieBee said:
It is correct (I am an employer!) but it depends on the nature of the question that's being asked which is related to the work that will be done.

But the key thing to remember is that if there was the opportunity to disclose any medical condition but the employee chose not to and then something happened later on where that condition was central to the issue, the company cannot be held liable and the employee may be held liable.

Where it is implicitly stated that an employee must disclose all medical conditions but withholds that information, that places the employee in breach of contract.
if the condition was epilepsy or narcolepsy and the role was "Pilot" or neurosurgeon" then I can see your point but I can't see how ASD would place the Employee, Employer, Colleagues or customers at any risk?
It may not.

Autism is not a singular condition and that which may cause an issue is likely to be visible and self selecting anyway on the part of the employee. But there is some.

Imagine a scenario whereby someone with mild Autism has an episode which impacts a customer who subsequently sues the company or withdraws their business. As a consequence, the company may discipline or even fire the person. They may in turn claim unfair dismissal on account of their Autism but the company would then claim that this was not disclosed to them so they had no opportunity to mitigate the risk.

If a company requests information about the employee' health they have deemed this necessary as part of the person's employment. If the employee withholds information they are essentially lying which will not play well for them should something happen that requires reference to the Employment Contract.
would you actually hire someone with ASD ? Would they get an interview ?


Edited by 161BMW on Wednesday 28th June 10:33
I would... and have. Several in fact. One chap in particular proved exceptional on data management. As long as I know we can accommodate them within the scope of the project upon which they'll be working.







CoffeeGuy

44 posts

40 months

Wednesday 28th June 2023
quotequote all
I am diagnosed with moderate ASD.

It is worth disclosing because it allows them to make adaptions and support for you. Most big companies are huge on this as it ticks the right boxes and huge, positive PR. Declaring it really really is the best option. It will get you amazing levels of support and help and training. It is also a really important declaration for CYA.

Without giving too much away it can help you get good working accommodation for your condition. An example... I sometimes have to walk away from a meeting because I am getting overloaded, and its fine. Nothing bad is said or thought. Some of my teammates have verbal ticks, we know, no one is worried.

The group I work for, we are all neuro diverse (ADHD, Aspergers, Autism and normies wink ) but we produce amazing results because we all bring our own stuff to the table and complement each other.



161BMW

Original Poster:

1,697 posts

172 months

Thursday 29th June 2023
quotequote all
CoffeeGuy said:
I am diagnosed with moderate ASD.

It is worth disclosing because it allows them to make adaptions and support for you. Most big companies are huge on this as it ticks the right boxes and huge, positive PR. Declaring it really really is the best option. It will get you amazing levels of support and help and training. It is also a really important declaration for CYA.

Without giving too much away it can help you get good working accommodation for your condition. An example... I sometimes have to walk away from a meeting because I am getting overloaded, and its fine. Nothing bad is said or thought. Some of my teammates have verbal ticks, we know, no one is worried.

The group I work for, we are all neuro diverse (ADHD, Aspergers, Autism and normies wink ) but we produce amazing results because we all bring our own stuff to the table and complement each other.
Thanks. Is your industry automotive ? I am not aware that i have any support needs but just was unsure of disclosing mostly due to if there were any negative prejedices regarding it.


Edited by 161BMW on Thursday 29th June 06:07

161BMW

Original Poster:

1,697 posts

172 months

Thursday 29th June 2023
quotequote all
Ok this morning i have disclosed it. There was no real specific place in the questionnaire to disclose it. Fingers crossed will be ok.

mk2driver

168 posts

123 months

Thursday 29th June 2023
quotequote all
I lead a large scale team in automotive and would encourage you to inform the employer

I have people in my team who are autistic and do not ask for adjustments but it’s really great to know who they are as it helps us understand them better and support their career development.


161BMW

Original Poster:

1,697 posts

172 months

Thursday 29th June 2023
quotequote all
mk2driver said:
I lead a large scale team in automotive and would encourage you to inform the employer

I have people in my team who are autistic and do not ask for adjustments but it’s really great to know who they are as it helps us understand them better and support their career development.
Thanks appreciate it. Disclosed it this morning and submitted questionnaire. Mentioned that as far as i am aware i have no reasonable adjustments. I am a bit hard of hearing though which isnt immediately obvious. All been disclosed so will see what they say. Hopefully will be ok.

GiantCardboardPlato

5,385 posts

28 months

Thursday 29th June 2023
quotequote all
StevieBee said:
It is correct (I am an employer!) but it depends on the nature of the question that's being asked which is related to the work that will be done.

But the key thing to remember is that if there was the opportunity to disclose any medical condition but the employee chose not to and then something happened later on where that condition was central to the issue, the company cannot be held liable and the employee may be held liable.

Where it is implicitly stated that an employee must disclose all medical conditions but withholds that information, that places the employee in breach of contract.
It’s not correct.
For a start, Neurodivergences aren’t strictly ‘medical conditions’.
Secondly, if someone is so neurodiverse that it constitutes a disability, the employer has a duty to make accommodations for them even if they haven’t declared anything, should the employer have reasonably been able to know there was a disability (eg from observing behaviour).

Edited by GiantCardboardPlato on Thursday 29th June 06:42

StevieBee

13,570 posts

262 months

Thursday 29th June 2023
quotequote all
GiantCardboardPlato said:
StevieBee said:
It is correct (I am an employer!) but it depends on the nature of the question that's being asked which is related to the work that will be done.

But the key thing to remember is that if there was the opportunity to disclose any medical condition but the employee chose not to and then something happened later on where that condition was central to the issue, the company cannot be held liable and the employee may be held liable.

Where it is implicitly stated that an employee must disclose all medical conditions but withholds that information, that places the employee in breach of contract.
It’s not correct.
For a start, Neurodivergences aren’t strictly ‘medical conditions’.
Secondly, if someone is so neurodiverse that it constitutes a disability, the employer has a duty to make accommodations for them even if they haven’t declared anything, should the employer have reasonably been able to know there was a disability (eg from observing behaviour).

Edited by GiantCardboardPlato on Thursday 29th June 06:42
The law does not 'require' a company to ask but the law 'allows' them to ask.

Neurodivergences fall under the broader terms of 'Health' which is usually the terminology that's used.

And your last point argues against your first in that it demonstrates the purpose and benefit of asking for both employee and employer:

GiantCardboardPlato said:
"should the employer have reasonably been able to know there was a disability (eg from observing behaviour)"

Not all Neurodivergence is observable but can still manifest itself and without prior knowledge of a person's condition, there is no way in which a company can be expected to make accommodations in advance and thus, nor can they be held liable for any damage that results.