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

[drivin_me_nuts]

I'm not sure about probation periods and how they work, nor the law and medical disclosure, so forgive me please if this seems life a daft posting.

My friend has a daughter who recently took a job with a probation period. She did not tell them that she has dyslexia. Towards the end of the probation period she mentioned to a colleague that she has this condition and then soon after, she was called to a meeting and informed that because she did not disclose the condition she will not be continuing employment there.

Her ability to do her job is not affected by her condition : reg. Nurse.

Until the point of notification she had no work issues.

Are you obliged to inform an employer of your medical conditions? Can an employer refuse to continue with your employment if you do not disclose medical health... And then use the condition itself as a reason to exclude you?

[davepoth]

drivin_me_nuts said:

I'm not sure about probation periods and how they work, nor the law and medical disclosure, so forgive me please if this seems life a daft posting.

My friend has a daughter who recently took a job with a probation period. She did not tell them that she has dyslexia. Towards the end of the probation period she mentioned to a colleague that she has this condition and then soon after, she was called to a meeting and informed that because she did not disclose the condition she will not be continuing employment there.

Her ability to do her job is not affected by her condition : reg. Nurse.

Until the point of notification she had no work issues.

Are you obliged to inform an employer of your medical conditions? Can an employer refuse to continue with your employment if you do not disclose medical health... And then use the condition itself as a reason to exclude you?

Did she get that in writing? Unless there was something specific in her contract about disclosing medical conditions, I think that might be a bit naughty.

[Magic919]

It's a Catch 22 isn't it? You could argue it's a disability, but only if it substantially affects day to day function.

[Si 330]

It is classed as a disability. She will need an upto date test well done in the last 3 years will cost her a couple of hundred pounds although if the NHS they may pay. The employer should then get a work place assessment done.

Edited by Si 330 on Tuesday 8th April 19:58

[ozzuk]

This is just my opinion but I'd have thought its pretty obvious that dyslexia could carry a significant risk to patients as a nurse so yes it should have been disclosed so her employer could properly mitigate those risks.

[drivin_me_nuts]

Thanks for your replies. it's a fair consideration wrt patient risk. How much of a risk it is would then be down to understanding the severity and impact of the disability.

Not sure what she's going to do. My gut instinct, if it was me, would be to suck it up and be open about if from the start.

Thanks again,

DMN

[Engineer1]

drivin_me_nuts said:

Thanks for your replies. it's a fair consideration wrt patient risk. How much of a risk it is would then be down to understanding the severity and impact of the disability.

Not sure what she's going to do. My gut instinct, if it was me, would be to suck it up and be open about if from the start.

Thanks again,

DMN

A Dyslexic nurse may also have Dyscalculia, and the last thing the hospital need is for a patient to suffer because the Nurse screwed up and picked the wrong bottle up or fouled up the dosage. I suspect this is more of a failure to disclose than existence of the condition situation but saying that Nurses are expected to be honest about medical conditions as well as dependant on speciality a simple cold or a stomach bug could cause major problems for the patients.

[Vaud]

There are two issues I think:

1) The patient risk through the disability and suitable adaptations not being in place (e.g. simple colleague cross checks)

2) A question of trust and honesty in the failure to disclose? i.e. what else has not been disclosed?

Sounds like an error of judgement; not the worst on the world, but best for her to take advice from her Union for future applications.

[anonymous-user]

There is a potential claim here for unlawful disability discrimination. I suggest that you contact Bindmans in London and seek initial advice.

If healthcare sector employers won't take a lead in complying with disability law, who will? I would not be inclined to take this one on the chin.

Edited by anonymous-user on Sunday 13th April 09:18

[Engineer1]

Breadvan, true but the NHS requires disclosure of medical issues as they could cause issues for the patient. Nurses with contagious illnesses ate expected to ring in sick if they work with immune compromised patients.

[Vaud]

Breadvan72 said:

There is a potential claim here for unlawful disability discrimination. I suggest that you contact Bindmans in London and seek initial advice.

If healthcare sector employers won't take a lead in complying with disability law, who will? I would not be inclined to take this one on the chin.

Is there not a requirement to provide accurate information in an application?

If the organisation had been aware of the disability, they could have made adaptions. IANAL, but omitting key information with an issue that could effect patient safety feels like grounds for dismissal, regardless of the detail of the actual disability?

[mph1977]

Vaud said:

Breadvan72 said:

There is a potential claim here for unlawful disability discrimination. I suggest that you contact Bindmans in London and seek initial advice.

If healthcare sector employers won't take a lead in complying with disability law, who will? I would not be inclined to take this one on the chin.

Is there not a requirement to provide accurate information in an application?

If the organisation had been aware of the disability, they could have made adaptions. IANAL, but omitting key information with an issue that could effect patient safety feels like grounds for dismissal, regardless of the detail of the actual disability?

I suspect vaud has hit it on the head .

Although that said the nHS as an employer is not goor at sucjh things but that 's a functional of the over promoted trained Nurses and failed baked bean stackers who make up most of the lower / middle managers.

[anonymous-user]

You are seeing this from the wrong end of the telescope. A disabled employee is not obliged to disclose a disability, but once disclosed the employer's duties under the Act kick in. Based on my experience in this field, I think that the employer is on a sticky wicket.

[Engineer1]

They may be but equally inside 2 years and they sack for dishonesty. No issue sack because she is dislexic and they have fouled up. I suspect it all comes down to exactly what the dismissal goes on record as.

[10 Pence Short]

Taking BV's words as they are written, he says the candidate is not obliged to disclose the disability. If they are not obliged to, you cannot then fire them for dishonesty for failure to disclose what they did not have to.

An employer can ask me if I have a criminal record. I can now answer 'no', despite the fact that I have.

[mph1977]

10 Pence Short said:

Taking BV's words as they are written, he says the candidate is not obliged to disclose the disability. If they are not obliged to, you cannot then fire them for dishonesty for failure to disclose what they did not have to.

An employer can ask me if I have a criminal record. I can now answer 'no', despite the fact that I have.

However a Health Professional has a greater duty of disclosure of things which may affect his/her fitness to practice, and a lack of insight into this may be sufficient to call someone;s FtP into question.

there may be an issue with an inaccurately completed health declaration in the initial application.

10PS - unless of course the role is one which is exempted from the Rehabiliation of Offenders Act

[Engineer1]

Given nurses are generally CRB checked, required to disclose any health issues etc it could cause a problem, unless the diagnosis was only recent.

[Vaud]

Breadvan72 said:

You are seeing this from the wrong end of the telescope. A disabled employee is not obliged to disclose a disability, but once disclosed the employer's duties under the Act kick in. Based on my experience in this field, I think that the employer is on a sticky wicket.

I will take your guidance, I'm just surprised that something like dyslexia or dyscalculia does not have to be declared in certain professions at point of application. I guess there are pros and cons to both parties.

[anonymous-user]

People with disabilities are sometimes reluctant to tell employers, precisely because employers may react badly to the disability. There is also a danger of caricaturing what dyslexia means, as it does not generally mean that someone would pose a hazard to patients.

[mph1977]

Breadvan72 said:

People with disabilities are sometimes reluctant to tell employers, precisely because employers may react badly to the disability. There is also a danger of caricaturing what dyslexia means, as it does not generally mean that someone would pose a hazard to patients.

It is an integrity issue and also without proper assessment and proper adjustments an unquantified and uincontrolled risk.

Unquantified and uncontrolled risks are potential sources of danger

the general ineptitude of nursing Management in the NHS is a secondary issue here.