Disciplinary due to ADHD behaviour confirmed by Occupational Health report

[Nordstryke]

I work for a large local authority and have been on suspension since summer 2020 following allegations of inappropriate behaviour and conduct in the workplace.

In brief, the behaviour was during the first lockdown (April 2020 to suspension in June) and involved messing around (playing with a football), making comments that upset some staff and going off site when I should have been in work. I dispute a number of the allegations and think some may have been exaggerated, but haven't yet fully seen the statements made against me.

I suffer from ADHD and it can cause unpredictable, impulsive and in some cases behaviour that others may find offensive. I was diagnosed as a child and have informally made line managers aware through my time at the authority. I have been employed for around 15 years and although ADHD has caused me a few minor issues I've never had such a serious episode before and have never been in any disciplinary process previously.

The allegations were first put to me around 14 months after my suspension in an investigation meeting and at this point I made sure that the investigation officer was aware of my ADHD. My Trade Union representative pushed for a OH assessment which was agreed to. This took place in January this year and in the subsequent report the OH Doctor confirmed that the behaviour is consistent with ADHD and that in his opinion the Equality Act would apply. He also suggested some reasonable adjustments that would allow me to return to the workplace, which included me seeking medical intervention which I have agreed to do.

The authority has however decided to proceed with a disciplinary hearing in spite of the OH report findings and have not accepted my request to meet to discuss the report as is normal practice.

I accept that OH Reports are only advice and the authority has no obligation to accept their findings, however I have the following questions;

Should I raise a grievance with the authority about the decision to proceed with a disciplinary hearing in light of the OH report? Would there be any benefit to ensuring that I can show in writing that my concerns have been raised with the appropriate people?

Is there a case for disability discrimination, or even unfair dismissal if that is in fact the conclusion of the hearing?

Are there any other steps I should take to raise concerns about this?

[ULA]

In the letter inviting you to the disciplinary meeting, have they said what level of disciplinary action may taken?

[Nordstryke]

I have not yet received a letter inviting me to the disciplinary hearing, it has been pushed back to April and I don't expect to receive the letter until 7 days before, which is standard practice. However my Trade Union representative has informed me that it is likely that the Council will push for dismissal. The invite to the investigation meeting in August also stated that the allegations made amounted to gross misconduct, so dismissal would be the most likely outcome.

[ULA]

in your post you say "....and have not accepted my request to meet to discuss the report as is normal practice."

Is this requirement for a meeting to discuss an OH report written into any policy or procedure regarding the processing of an OH assessment report?

if not why to do you say it is normal practice.

I aks these questions to try and establish whether there has been a deviation from their own written processes.

[Nordstryke]

I'm not aware of the specific procedures within the HR department where I'd assume Occupational Health procedures would be, so can't say if this is written into policy.

However I've worked as a low level manager/supervisor for a number of years and I've never known a case when the employee isn't met with both before the meeting to discuss the referral and after the meeting to discuss the contents of the report. This way any recommended actions can be discussed and reasonable adjustments put in place if necessary.

In my case there is no intention of having the follow up meeting, despite the OH report making suggestions of reasonable adjustments that would benefit me in the disciplinary hearing and also in the workplace if I ever return to work.

[ULA]

Have you formally written to your employer requesting a follow-up meeting to discuss the outcome of the OH report? If you have not then I think that may be a good starting point.

Putting things in writing at least create a trail of correspondence that can be referred to later if needed.