A question regarding emp. Law, dyslexia and job probation.

A question regarding emp. Law, dyslexia and job probation.

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Discussion

anonymous-user

53 months

Sunday 13th April 2014
quotequote all
I may have missed it, but I am not sure the OP has said the lady in question is working within the NHS, just that she is a Nurse.

I'm well out of touch these days but are companies allowed to ask about disabilities?

As presented, I would say it would go against the employer.



Engineer1

10,486 posts

208 months

Sunday 13th April 2014
quotequote all
Do you want someone who struggles to distinguish hypo and hyper? Involved in treatment hypoglycaemic do you give sugar or not?? What if it was actually hyper??

citizensm1th

8,371 posts

136 months

Sunday 13th April 2014
quotequote all
Nurse, Nuclear reactor safety officer or airline pilot it matters not if the law states that a person doesn't have to declare a disability and that an employer may not use said disability or lack of disclosure as an excuse to terminate.

Some people in this thread act as if their own personal wishes somehow would influence the way a law is interpreted.

We have had an answer from BV who is professionally well versed in both disability and employment law yet people are willing to second guess his answer.

anonymous-user

53 months

Sunday 13th April 2014
quotequote all
Engineer1 said:
Do you want someone who struggles to distinguish hypo and hyper? Involved in treatment hypoglycaemic do you give sugar or not?? What if it was actually hyper??
I don't think anything like that could be ascertained in one summary dismissal meeting.

mph1977

12,467 posts

167 months

Sunday 13th April 2014
quotequote all
desolate said:
I may have missed it, but I am not sure the OP has said the lady in question is working within the NHS, just that she is a Nurse.

I'm well out of touch these days but are companies allowed to ask about disabilities?

As presented, I would say it would go against the employer.
Any responsible employer would ask about Disability twice in the recruitment process

1. to fulfill requirements with regard to the Equality Act

2. During Occupational Health Screening

As presented it would go against the Nurse for not disclosing a material fact and for a lack of integrity , which could also be used as reasons for a FTP referral.

citizensm1th

8,371 posts

136 months

Sunday 13th April 2014
quotequote all
Engineer1 said:
Do you want someone who struggles to distinguish hypo and hyper? Involved in treatment hypoglycaemic do you give sugar or not?? What if it was actually hyper??
sorry mate but you may know a lot about building stuff but you seem to know diddly squat about dyslexia and even less about how the legal system works

anonymous-user

53 months

Sunday 13th April 2014
quotequote all
anonymous said:
[redacted]
Do you not think that the employer should at least try to ascertain the extent of the dyslexia?

I am not an expert but i don't think it's a binary condition.

anonymous-user

53 months

Sunday 13th April 2014
quotequote all
anonymous said:
[redacted]
I can see where you are pushing the argument, but I would say that if dyslexia is a classed as disability - and that the disability didn't prevent the employee from fulfilling duties then, judging by the prejudices shown on here then not disclosing it seems like a fair option.

He competence wasn't questioned, just the fact she failed to disclose.

citizensm1th

8,371 posts

136 months

Sunday 13th April 2014
quotequote all
anonymous said:
[redacted]
another one who has no clue on how the courts/tribunals interpret law
the law doesn't deal with emotions or what you or I think is right it deals only with what is written on the statute that has passed through parliament

you can argue on the meaning of the written words in the statute and what you or the judge think those words mean but you wont get far in a court or in a tribunal saying the law should say this or that when it clearly doesn't.

At present a disabled person doesn't have to give details of a disability even if asked, you can disagree with this law but that's the law the only way to change it is by an amendment to the act by parliament.

Also at present an employer can not dismiss a person who has been found not to have disclosed a disability.

the employer now it has found out that its employee has a disability should now be looking at how it can enable the employee to for fill the role it has employed that person to do not dismiss said employee.

anonymous-user

53 months

Sunday 13th April 2014
quotequote all
anonymous said:
[redacted]
In the face of ill informed prejudice - I would think that lying is OK.

As a qualified nurse, she has been independently assessed as competent at some stage - does her competence not matter in this at all?

is it a straight "trust" issue?

Summary dismissal in one meeting - sounds crappy to me.

citizensm1th

8,371 posts

136 months

Sunday 13th April 2014
quotequote all
I am also staggered that few of the people on this thread have realised the lady in question is a registered nurse

that's a degree course so it stands to reason this person will have learnt during the course of her education to deal with the level of dyslexia she suffers from

she will have both read and written complicated essays during her course so she will be adept at coping with her dyslexia

http://www.nhscareers.nhs.uk/explore-by-career/nur...

Degree programmes comprise 50% theory and 50% practice. Your time will be split between the university and practical placements.

At university, you will learn about the safe and effective delivery of nursing care through a variety of teaching and learning methods, including lectures, seminars, presentations and tutorials

http://www.nhscareers.nhs.uk/explore-by-career/nur...

citizensm1th

8,371 posts

136 months

Sunday 13th April 2014
quotequote all
anonymous said:
[redacted]
and I think you don't know what your talking about on either how the law works or what dyslexia is

anonymous-user

53 months

Sunday 13th April 2014
quotequote all
anonymous said:
[redacted]
Her competence was also fine during the course of her employment.

Sounds like a Mickey Mouse employer to me and I would be surprised if it was the NHS.




anonymous-user

53 months

Sunday 13th April 2014
quotequote all
anonymous said:
[redacted]
Well, I only know what the OP told us - which is that there were no issues with her work and that she was summarily dismissed in ONE MEETING. As you agree the matter is only potentially material - I would expect the employer to at least try to find out whether it was material or not - particularly regarding a matter relating to race, sexual orientation or disability. It's on page one of the employers guidebook to employing people, in bold.



The Moose

22,821 posts

208 months

Sunday 13th April 2014
quotequote all
Being a dyslexic person myself, this is all news to me. By that I mean that it's classified as a disability, and would never even think to write that on an application form.

I never had an issue distinguishing between hypo and hyper with a diabetic ex girlfriend.

elanfan

5,516 posts

226 months

Sunday 13th April 2014
quotequote all
citizensm1th said:
and I think you don't know what your talking about on either how the law works or what dyslexia is
you're not such a newbie that you don't know what Tonker does for a living surely?

citizensm1th

8,371 posts

136 months

Sunday 13th April 2014
quotequote all
anonymous said:
[redacted]
il rely on the opinion of a barrister over a solicitor thank you

and as I read the gmc rule you quote as pertaining to a medical condition not a disability

you might want to read this

http://www.nursingtimes.net/whats-new-in-nursing/n...

whoami

13,151 posts

239 months

Sunday 13th April 2014
quotequote all
citizensm1th said:
il rely on the opinion of a barrister over a solicitor thank you
On what basis?

citizensm1th

8,371 posts

136 months

Sunday 13th April 2014
quotequote all
nursing and dyslexia is common it seems

https://www.google.co.uk/webhp?hl=en#hl=en&q=n...


and our argumentative solicitor would do well to read this from the RCN especially chapter 6.3 page 18

https://www.rcn.org.uk/__data/assets/pdf_file/0006...

in summary no obligation to disclose

citizensm1th

8,371 posts

136 months

Monday 14th April 2014
quotequote all
whoami said:
On what basis?
on the basis that a barrister is better trained than a solicitor especially one who cannot even do the most simplest of Google searches