Brabners Chaffe Street Solicitors - Employment Services

Employment News Stories

Breaching of Discrimination Laws
20/08/2007

Employers could face legal action for asking job applicants to take basic reading and writing tests, experts warned today.

The warning comes following a landmark legal case which ruled mild forms of dyslexia should be considered a disability.

Dyslexia affects around 10% of the population, including celebrities such as Richard Branson, Keira Knightley and Prince Harry.

It is estimated around 3 million of Britain`s workforce may suffer from the disorder.

Legal experts said employers should be `extremely cautiousî if using literacy and numeracy tests as part of their recruitment process.

Marcus Difelice, partner at leading law firm Brabners Chaffe Street, said: `There is a growing concern that these types of tests may breach discrimination laws.

`The recent court case which ruled that mild dyslexia should be considered a disability reinforced these fears.

`If a candidate`s chance of winning a position is based upon a literacy and numeracy test then someone with dyslexia is bound to be at a disadvantage.

`Ultimately, if a potential employee feels they have lost out because their dyslexia affected their ability to complete the test they could take legal action.

`Employers need to seriously consider if such tests are necessary or, if they can alter them in a way that makes them fairer to people with dyslexia.î

In July, Chief Inspector David Paterson won a landmark legal ruling after a judge ruled his dyslexia should be classed as a disability.

The officer claimed he was discriminated against as the Metropolitan Police had failed to make reasonable adjustments to accommodate his disability - particularly in relation to an examination for promotion.
An initial employment tribunal ruled he was not disabled but this was overturned on appeal. A further tribunal will now take place to rule whether his claim for disability discrimination succeeds.
The British Dyslexia Association are due to launch a guide next month offering employers guidance on policies and procedures relating to the Disability Discrimination Act.


For further information contact Marcus Difelice at Brabners Chaffe Street on 0161 836 8800

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