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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 51214
Experience:  Qualified Employment Solicitor
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I work local authority in Scotland as a Building Standards

Customer Question

I work for a local authority in Scotland as a Building Standards Surveyor. I have been on an informal performance review for two and a half years. In that period I had 5 months off because I had a breakdown due tithe pernicious manner this review has been carried out. I suffered a reoccurrence of depression. returned to work unear a Stress Action Plan. The department never followed this action plan and matters never changed. Eventually my partner persuade me to go get tested for Dyslexia ; I am 53 so of a generation who were considered 'slow' at school so was never tested. I informed my employer that the tests were positive. I contacted Access to Work and my Employer contacted their advisor ohassit. these twobodies confirmed my own private Dyslexia Report.
I was put on another Action Plan in September 2015 and again my department has not followed it. Certain aspects of my job were that I got feedback from site inspections either on the day or day after, this has failed to happen 40 ti
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Expert:  Ben Jones replied 2 years ago.

It appears your question was cut short can you please provide the midst information and the queries you have about this?

Customer: replied 2 years ago.
40 times and to a lesser degree, 5x on the verification side. I have proof other employees are failing and are making the same errors but nothing happens to them. My unions rep will not allow me access to their Lawyers. I will be going to another meeting in the next week or so.
Customer: replied 2 years ago.
I would like to go armed with so proper Legal Advice. . My emails are wrong on your system they should all be lower case and my work one should read***@******.***
Expert:  Ben Jones replied 2 years ago.

Hi there, if you have been diagnosed with dyslexia then there is a strong likelihood that you may be classified as disabled for employment law purposes and get additional protection and rights.

In the legal sense of the word, disability can have a broad meaning and there is no single list of medical conditions that qualify. Instead, to establish whether a person is disabled, they need to show that they meet the legal definition of a ‘disability’.

The Equality Act 2010 defines a disability as a “physical or mental impairment that has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities”.

I will break this definition down:
• Physical or mental impairment – this can include nearly any medical condition and as a mental impairment dyslexia is included;
• Substantial effect – the effect must be more than minor or trivial;
• Long-term - the effect of the impairment must either have lasted or be likely to last for at least 12 months;
• Normal day-to-day activities – these could include anything considered ‘normal’ in a person's normal daily routine (e.g. walking, driving, speaking, eating, washing, etc.)

If a person satisfies the above criteria, they will be classified as being disabled and will have automatic protection against discrimination, which means that they must not be treated unfavourably because of their disability. In addition, their employer would have a duty to make reasonable adjustments if they are likely to be placed at a substantial disadvantage when compared to non-disabled employees.

What amounts to ‘reasonable adjustments’ can have a wide interpretation and often depends on the individual circumstances. Below are some examples:
• making adjustments to work premises;
• allocating some of the employee’s duties to others;
• transferring the employee to fill an existing suitable vacancy;
• altering the employee’s hours of work;
• allowing the employee to be absent during working hours for rehabilitation, assessment or treatment connected to their disability;
• acquiring or modifying specialist equipment;
• providing supervision or other support.

If someone who is disabled is being treated unfavourably because of their disability or their employer has failed to make reasonable adjustments it would potentially amount to disability discrimination.

This is your basic legal position. I have more detailed advice for you in terms of the options you have on taking this further, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Expert:  Ben Jones replied 2 years ago.

Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you

Expert:  Ben Jones replied 2 years ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.