Dyslexic Policeman is Disabled

Discussion in 'The Intelligence Cell' started by Iolis, Jul 24, 2007.

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  1. I know that there are those who will view the decision of the Employment Appeal Tribunal in the case of Patterson v Commissioner of Police for the Metropolis: [2007] UKEAT 0635-06-2307 with not a little cynicism since it holds that a senior Policeman diagnosed with minor dyslexia is, in fact, disabled for the purposes of the Disability Discrimination Act 1995.

    After over 15 years in the police force, and promotion to the rank of Chief Inspector, the Claimant discovered he was dyslexic. He had not previously had difficulties with report writing, financial literacy or any of the other aspects in his complex and demanding job. However, medical evidence suggested that he ought to be given 25% extra time in his examinations for promotion to the rank of Superintendent as a result of his (newly diagnosed) dyslexia.

    The tribunal reminded itself that a diagnosis was not a disability, and that the important thing to look at was what the Claimant could do, rather than what he could not do. They concluded that the dyslexia had only a minor/trivial impact upon the Claimant's day-to-day activities, and that he was therefore not disabled.

    The Employment Appeal Tribunal overturned this finding and substituted a finding of disability. It stated that a tribunal should not compare the performance of the employee with the average person in the population (as this tribunal had done). Rather, it is the comparison between what the individual can do and would be able to do without the impairment which is important in determining whether someone is disabled (para 39). The EAT concluded it was self-evident that a person who needed 25% longer to complete an examination because of his dyslexia was at a substantial disadvantage to the position if he did not have dyslexia, and he was therefore disabled. The EAT added that any finding to the contrary would undermine the whole purpose of the DDA (para. 70).

    So now you know!

    MO's certificate for your next promotion examination anyone?
  2. Hence the expression "'ello 'ello 'ello, all here this then what's"
  3. Well I'm disabled with regard to my footballing skills. This is a serious impairment! If I didn't have this disability I would be as good a Thierry Henry and earning £100k a week. I am now going to sue Arsenal football club for not employing me and when I'm finished with them I'll sue Barca (oh perhaps not as Spain doesn't have such ridiculous fcukwits in stupid organisations). What's more I'll sue my local footie league if they refuse to allow my 25% more space, 25% more time to control the ball and ensure that other players run 25% slower to make up for my disability!
  4. He should try reading doctors reports lol
  5. PML @ Garhwall.

    I got the full SP on that case fron the National Disabled Police Association' - guilt tme haven't been on that Forum as ARRSE takes up my brain power :oops:

    I was dyslexic as a kid, but knowing I wanted to be a copper and that the problem was a hurdle, being a stubborn tw@, I worked bloody hard to beat it and won, alas there was sweet FA could be done about being vertically challeneged, hence HMF.

    I became D.I.S.C.O, between sending app and getting called for an interview, when Surrey were the first Force to drop it's height limit, therefore 'soldiiered on' :roll: - war dodger 2 weeks in green in my 16 years service.

    When I regained some sight after getting monged up, the dreaded thing was back, so I'm trying to beat it again, however, I'm sure some of my posts have :coff: typo's ;-)
  6. So disability resides not in what you're actually capable of but in what you're presumed to be capable of if given certain special treatment?

    Gentlemen, be upstanding for the death of common sense.
  7. Not wishing to "black cat" but I worked in the Home Office with a man in the mid nineties who claimed to be dyslexic.
    He was given extra time for exams, granted interviews under the Guaranteed Interview Scheme and even provided with a laptop to assist his report writing.
    Concensus of opinion was that he was just a thick tw*t. Which he eventually confirmed when promoted beyond his abilities.
    P.S. He also claimed to have been one of "Them" and told stories of derring do to anyone who would listen. As I had access to his personnel file I was able to question his military history.
  8. Alsacien

    Alsacien LE Moderator

    Could be dangerous.
    I heard about a dyslexic devil worshipper - sold his soul to Santa...