Disability, Dismissal and probation period - Help please

[Smithy26]

Re: Disability, Dismissal and probation period - Help please

Thanks you so much for all your time - much appreciated.

[mariefab]

Re: Disability, Dismissal and probation period - Help please

You will be aware that Dyslexia can range from very mild to very severe.
So, in many cases Dyslexia will not qualify as a disability.
In your husband's case, although he informed his employer that he has Dyslexia, he didn't suggest that he considered it a disability.
An employer cannot be held liable for failure to make reasonable adjustments or for any other kind of disability discrimination when the employer does not actually, or constructively, know that the particular employee has a disability.

[Smithy26]

Re: Disability, Dismissal and probation period - Help please

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[mariefab]

Re: Disability, Dismissal and probation period - Help please

Did the health form have a box to tick if you have a disability?
If so, did he tick no?

[mariefab]

Re: Disability, Dismissal and probation period - Help please

Sorry, you've already answered those questions earlier.

If his Dyslexia is severe enough to qualify as a disability, it's worth a try to raise it in an appeal.

[Smithy26]

Re: Disability, Dismissal and probation period - Help please

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[Smithy26]

Re: Disability, Dismissal and probation period - Help please

Post removed

[Openlaw15]

Re: Disability, Dismissal and probation period - Help please

You will be aware that Dyslexia can range from very mild to very severe.
So, in many cases Dyslexia will not qualify as a disability.
In your husband's case, although he informed his employer that he has Dyslexia, he didn't suggest that he considered it a disability.
An employer cannot be held liable for failure to make reasonable adjustments or for any other kind of disability discrimination when the employer does not actually, or constructively, know that the particular employee has a disability.

Mariefab, I think this disability in terms of dyslexia is a grey area so as it's a specialist area it may be easier to argue it's such, especially if the psych ed report supports it as effectively being a disability. The problem is the tribunal will require a specialist psych ed or a very good representation of the psych ed's commentary as per the report to even stand a chance.

[Smithy26]

Re: Disability, Dismissal and probation period - Help please

They are more than likely to give job back if we have a case of unfair Dismissal - does he qualify . What we don't want to do is appeal or raise saying we have a case unfair and if they then legally check and we don't as he is in probation or not eligible because although he has a disability he does not have the qualifying service to bring claim for unfair . They may not treat him as well as they are doing. They are letting us / offered help with using a computer to seek work , because they are aware of our finances and don't want to him to suffer further.

[shegerianlaw]

Re: Disability, Dismissal and probation period - Help please

It is only a qualifying disability for a tribunal purpose if the tribunal view of their (the person's) affective dyslexia meets the criteria of or for a disability in England and Wales. You are not being clear, for example what do the ADA acronyms represent for the poster's knowledge? What indeed is the EEOC? Law attorney, do you realise this is England and not America. I assume you use ADA for the American's Disability Act?

Yes, I was unclear about your destination, I belong to the USA and shared information according their law.