If I am dismissed, can I claim damages due to the DDA?

blankline

As mentioned in a previous post is that I may face dismissal due to the fact I have made errors during my probation period.

Not all employees mention their dyslexia as many people don't understand it.

My eye condition [FONT=Arial,Italic][FONT=Arial,Italic]Keratoconus is worsening really fast than normal and I have good days and bad days with it. A customer smashed a jar and I cleaned it up. As my 3D vision isn't good I didn't pick up all the fragments of glass. About 40 mins later, a customer slipped and cut their knee on the one fragment I didn't pick up. The glass was clear and on a cream floor. As my vision is very blurred and my dyslexia makes some work impossible for me to do without causing problems, I am seriously worried. For example, I find it impossible to insert shelves.[/FONT][/FONT]
[FONT=Arial,Italic][FONT=Arial,Italic][/FONT][/FONT]
[FONT=Arial,Italic][FONT=Arial,Italic]I remember now I did mention my dyslexia to a member of staff.[/FONT][/FONT]
[FONT=Arial,Italic][FONT=Arial,Italic][/FONT][/FONT]
[FONT=Arial,Italic][FONT=Arial,Italic]If I do get dismissed as meeting is today and I know the errors were due to my medical problems, can I claim damages under the DDA? My dyslexia has worsened due to stress surrounding my eye condition and my grandfather's health.
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Paparika

You have an eye condition that they knew about, and that manager complained that you didn't clean up all the glass, how could you with your eye problems, concentrate on that.

I have Uvitis and i have problems too, but i am extremely fortunate that i work for a good company that takes my illness seriously even if they don't understand it. They even proclaimed me disabled so that i would be protected within the company.

Uncertain

As I understand the position (as I have different medical issues myself) your company has a legal obligation to make reasonable adjustments to allow for your disability. They must not discriminate against you because of it.

A sensible employer would probably ask (and pay) for you to see an Occupational Health Physician. His job is to advise them of what "reasonable adjustments" they need to make. He may ask for your permission to contact your GP. You have a legal right to see any report your GP writes BEFORE it is sent. The OH report to you company will contain only the minimum medical information but will advise them what changes to make. You have a right to a copy of this report.

I would suggest you see your GP asap and fully discuss how your medical issues are affecting your work.

tinkerbell84

It is possible that this job is not suitable for you due to your condition(s) and that no amount of reasonable adjustment will change that.

You are not covered by the DDA if you have not formally advised your employers (not friends or colleagues) of your conditions. If they don't formally know about your dyslexia, then you are not protected.

Paparika

They do know about her eye condition (i remember reading the other thread)
so I'm a bit miffed why the manager had a pop at her about the glass when not only is he there to make sure staff to their job properly isn't he supposed to support his workers?

I am not sure but i think she would be covered by DDA

HO87

Under the terms of the DDA the OP has the right to expect that his employers would make reasonable adjustments to the workplace or to the work they would otherwise be expected to do to accommodate his disability. This would include the allocation of some aspects of the work to other employees.

However, hte DDA is predicated on a two-way communication and it would be expected that you declared your disability to your employer and that you had discussions with each other to fine-tune arrangements as and when needed - and this would probably necessitate an on-going dialogue.

If the situations which are being judged as "mistakes" are due (or partly due) to your vision problems then it sounds to me as though your employer hasn't fully understood the extent of your disability or hasn't anticipated its impact in particular situations.

You cannot (lawfully) be dismissed because of your disability and if this was to happen then you would be at liberty (everything else being equal) to take the matter to an Employment Tribunal.

It sounds as though there is some form of breakdown in communications with your boss and you might benefit from some representation. I suggest that you contact you local CAB as soon as possible. If you belong to a union so much the better.

bunny999

OP - who is treating your kerataconus ? Do you have contact lenses ? It sounds as if you need to see someone about it urgently. I have kerataconus and attend Moorfields and with lenses I have normal vision.

Best Wishes

pinkshoes

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blankline wrote: »

If I do get dismissed as meeting is today and I know the errors were due to my medical problems, can I claim damages under the DDA? My dyslexia has worsened due to stress surrounding my eye condition and my grandfather's health.[/quote[/FONT][/FONT]

If the staff were aware of your sight condition, and you'd notified them that it had deteriorated, then you should be able to claim under the DDA.

blankline wrote: »

[FONT=Arial,Italic][FONT=Arial,Italic] As my vision is very blurred and my dyslexia makes some work impossible for me to do without causing problems, I am seriously worried. For example, I find it impossible to insert shelves.[/FONT][/FONT]

Sorry, just to clarify; I thought Dyslexia was an issue with words/numbers/written stuff, and the condition that causes issues with coordination (thus not being able to do things like insert shelves) is called Dyspraxia? So if you said to someone you were Dyslexic, they might not have put the two together???