There have been cases with regard to dyslexia and the DDA. If people want to see whether dyslexia is covered in relation to tribunals, as opposed to the guidance which explicitly mentions severe dyslexia, then have a look at the case of Harling v CL Plastics Ltd.
In this case, CL Plastics sought to argue that dyslexia was not a disability within the meaning of the DDA. The tribunal accepted that Mr Harling could only read only very short words, he was not able to read newspapers and his writing was similarly restricted. The tribunal found that his dyslexia was severe and had a substantial effect on his normal day to day activities and so was a disability.
Regards,
Richard Southorn
Senior Information and Research Officer
Employers' Forum on Disability
Nutmeg House
60 Gainsford Street
London
SE1 2NY
Tel: 020 7403 3020
Fax: 020 7403 0404
On Wednesday, November 28, 2001 3:10 pm, Baxter, Chris <[log in to unmask]> wrote:
>Hmm...
>StJohn was asking about test cases under the DDAas well, it is well known
>that cases are not being taken up under the DDA, this doesn't mean there
>aren't any. I think we should make best use of the DRC and the sooner the
>better, there shouldn't be a 'blanket' promise or automatic assurance for
>anyone under the act anyway, all cases should be individually scrutinised
>and the law analysed for appropriateness. I really do believe that given
>the outline of disability as the Act defines 'it' dyslexia could easily be
>included as it always has in employment.
>But don't let's fall out over it, cos we're not paid for that, DRC
>Commisioners are however, and very well paid too!
>
>Chris
>-----Original Message-----
>From: Bernard Doherty [mailto:[log in to unmask]]
>Sent: 28 November 2001 14:54
>To: [log in to unmask]
>Subject: Re: Dyslexic graduate and psychometric t
>
>
>Really Chris? Anyone who was at the Skill/DRC SENDA conference in
>London earlier in the year will recall the outrage from the floor when
>the DRC legal advisers explained that there was no automatic assurance
>that people with learning difficulties would be covered. I don't think
>that they have a vested interest in making it up, but if they would not
>be prepared to pursue a case, I don't know who would. I haven't
>heard anything to suggest that the formal legal position has
>changed in the meantime, although I have heard a lot of advisers
>complaining about it and saying that it's not right. Still, what I
>don't know etc, etc
>
>Regards, Bernard
>
>On Wed, 28 Nov 2001 14:06:55 -0000 "Baxter, Chris"
><[log in to unmask]> wrote:
>
>> No, he said people who are dyslexic are not covered by the DDA, and they
>> are, whether it's part 2 or 4.
>> Well actually, he didn't SAY they weren't, he queried whether they were,
>> under the guidance given for 'who is disabled' I would say they are.
>> Chris
>> -----Original Message-----
>> From: Bernard Doherty [mailto:[log in to unmask]]
>> Sent: 28 November 2001 13:55
>> To: [log in to unmask]
>> Subject: Re: Dyslexic graduate and psychometric t
>>
>>
>> Um, I think St John is referring to the difference between people
>> covered by the DSA and SENDA; people with dyslexia are among those who
>> might claim the former but not be covered by the latter. SENDA is part
>> 4 of the DDA, but it is not directly concerned with employment;
>> however, the first couple of parts dealt with this stuff and are in
>> force and under these people with dyslexia can claim they have suffered
>> discrimination. Well, that should have cleared it up.
>>
>> Regards, Bernard
>>
>> On Wed, 28 Nov 2001 13:22:14 -0000 "Baxter, Chris"
>> <[log in to unmask]> wrote:
>>
>> > It is
>> > Chris
>> >
>> > -----Original Message-----
>> > From: Skeates,St.John DEAL Awards Tm
>> > [mailto:[log in to unmask]]
>> > Sent: 28 November 2001 12:17
>> > To: [log in to unmask]
>> > Subject: Re: Dyslexic graduate and psychometric t
>> >
>> >
>> > Is Dyslexia covered under DDA? I seem to remember it being a distinctly
>> > grey area (is that an oxymoron?)last time I did any DDA training - which
>> > admittedly was some time ago. I could be hopelessly wrong on that one
>> > (now there's an admission worth noting) but I'd be interested to know if
>> > there have been any test cases concerning Dyslexia and DDA.
>> >
>> > St.John Skeates
>> > Awards Section
>> > Bedfordshire County Council
>> >
>> > -----Original Message-----
>> > From: Faye Langston [mailto:[log in to unmask]]
>> > Sent: Wednesday, November 28, 2001 11:22 AM
>> > To: [log in to unmask]; Skeates,St.John DEAL Awards Tm
>> > Subject: Dyslexic graduate and psychometric testing
>> >
>> >
>> >
>> >
>> >
>> >
>> > Hi all,
>> >
>> > Sorry if anyone feels this isn't relevant to disforum!
>> >
>> > I have had contact with one of our graduates who is currently temping
>> > for a large bank. In order to secure her job she has had to undertake a
>> > Psychometric test - which includes numerical and spelling questions. She
>> > has failed the test, but as a Dyslexic student feels she is being
>> > discriminated against due to the nature of the questions.
>> >
>> > She is fully able to complete her role, but cannot continue to work if
>> > she has failed the test. As Psychometric tests are more and more
>> > becoming the 'norm' for a lot of large employers what can she do?? Is
>> > she possibly being discriminated against? Does anyone know of anyone she
>> > can contact to discuss this?
>> >
>> > THANKS
>> >
>> > Faye Langston
>> > Disabilities Welfare Co-ordinator
>> > Coventry University
>> >
>> > *********************************************************************
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>> >
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>>
>> ----------------------
>> Bernard Doherty
>> Senior Student Adviser
>> Anglia Polytechnic University
>> Tel: 01223 363271 x2434
>> Fax: 01223 363369
>> Minicom: 01223 576155
>>
>> [log in to unmask]
>
>----------------------
>Bernard Doherty
>Senior Student Adviser
>Anglia Polytechnic University
>Tel: 01223 363271 x2434
>Fax: 01223 363369
>Minicom: 01223 576155
>
>[log in to unmask]
>
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