Policeman With Minor Dyslexia Is Disabled

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A tribunal that found that a diagnosis was not a disability, and that a claimant at an employment tribunal should be looked at for what he could do rather than what he was unable to do has had its decision overturned.
The Employment Appeals Tribunal(EAT) has decided in the case of Patterson v Commisioner of Police that a policeman with dyslexia was disabled and came under the protection of the Disability Discrimination Act 1995(DDA).
This was despite the Chief Inspector only having a minor form of dyslexia that had not previously affected his ability to write reports or otherwise affect his work.
Medical evidence however recommended that the Chief Inspector be given 25% extra time in his examinations for promotion to the rank of Superintendent. The EAT disagreed that with the tribunal's comparing the performance of an employee with an average person not affected by a disability. The EAT decided instead that a comparison should be made between what a person can do, and would otherwise be able to do if he were not impaired by his disability.
That someone needed 25% longer in an examination meant that he was substantially disadvantaged by his dyslexia and therefore disabled within the meaning of the DDA

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Lawyers routinely use the threat of high costs to intimidate workers into giving up their claims at an early stage in a case. Apart from the psychological impact on claimants, this tactic often works and workers do withdraw their claims. Those representing workers' interests need to bring political pressure to bear to end this. As is the case in the Small Claims Court, the use of legal professionals in employment tribunals should not be encouraged .

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© Workrep 24 / 07 / 2007

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