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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6342
Experience:  15 years experience of advising on employment law matters
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I have dyslexia which was not picked up at school. This is

Resolved Question:

I have dyslexia which was not picked up at school. This is having a detrimental effect on my carer as I do not have the GCSE required to apply for the role of whole time firefighter. I have been an on call fire fighter for 16 years with Cambridgeshire fire and rescue service and an MOD fire fighter for 7. CFRS recruitment criteria insisted you have 5 GCSE grade A* to C Maths and english being 2 of them (this was not the case before). Having worked hard to adapted to my disability and already in the role as a full time fire fighter and having worked for them part time as an on call fire fighter I complained and was given the right to apply put only for this time and not in the future without the grades. I was not successful and feel this is in partly due to my disability. I have felt the need to leave CFRS as an on call fire fighter due to there lake of understanding of dyslexia. My dyslexic report states my GCSE are not a true reflection of my ability and I also feel I have proven capable for the role as a fire fighter. I feel it is unfair to judge me on my GCSE result as this was clear effected by the lake os support in school. I am 35 and feel let down by my employer in determining me unsuitable base on what I believe is clearly linked to my disability. Can I be refused the right to apply for a job because of something thinker to my disability even if I have proven I can do the Job as this is my full time job with a another service?
Submitted: 3 years ago.
Category: Employment Law
Expert:  taratill replied 3 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you today. Can I just clarify that this is the reason you have been refused the job?

Customer: No I have been refused the right to apply and I so strongly believe I was refused dus to my dyslexia but have no evidence of this.
taratill :

Have you asked them why?

Customer: They don't give feed back.
taratill :

Ok but have you asked the question?

Customer: Why I didn't get the job or why a qualified freighter is unable to apply in the furture because they don't have the GCSE,s. I am sure the will say I was not suitable but the really question is why am I unable to
Customer: The question I am really asking is why I am being refused the fight to apply in the future because of my GCSE grades. I am a qualified fire fighter and have achived a lot. My dyslexia I feel is being used to refuse me to apply.
taratill :

Hi the Equality Act 2010 applies to recruitment as well as to people in the job. As you have a disability under the Act the Fire Service has duties to you under that Act in dealing with Job applications. Even if it is normally a requirement of the employer that you have those grades it could amount to a reasonable adjustment and/ or to Direct DIscrimination if they outright refuse to allow you to apply in those circumstances.

taratill :

This is the reason I was asking if you had raised it with them. If you have asked them if you can apply and they have refused then potentially they are in breach of the Act.

taratill :

If you haven't raised the issue with them then you should do.

Customer: I had to fight them to get the right to apply this time put they told me if I wanted to apply again I need the grades and they would not make the agustment again. I feel discriminated against and as I worked for them as an on call fire fighter I have left the service due to a lack of confidence in the ability to be fair.
taratill :

So to go back to my original point, have you asked them whether your GCSE's were the reason you were unsucessful?

Customer: The reason given was I don't have what it takes to be a firefighter and that all they give. Any more infomation they said would give to much infomation away in the selection scoring. They
Customer: even if the reasons given are justified I can't apply again that is my argument.
taratill :

Well that's just not good enough. I would suggest you write to them to say that in the absence of objective feedback you can only assume that this is due to your GCSE grades which amounts to discrimination contrary to the Equality Act. If you do not receive an adequate response you will have nothing to lose by submitting a claim at www.employmenttribunals.gov.uk both on the basis that the decision to reject you was discriminatory and the decision not to let you apply again in the future is discriminatory.

taratill :

If you have any further questions please do ask.I f i have answered your question I would be grateful if you wold take the time to rate my answer.Thank you and all the best.

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