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Reasonable adjustments request


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I formally requested for reasonable adjustments (RA) to be made for my interview i.e. to view questions 10 minutes before my interview - I have dyslexia

 

1) My employer did not inform me before the interview that they were or weren't making provision for my RA

 

2) When I arrived for the interview I was given 10 minutes to look at questions and arrange notes (which I assume was my reasonable adjustment - though they did not say this was a RA) - however I spoke to another candidate and for this particular interview (not done before to my knowledge) they applied the "10 minutes view of questions" to ALL candidates. Is this fair and reasonable?

 

I thought that by making a reasonable adjustment my employer is taking steps so as not to disadvantage me in comparison to non disabled candidates i.e. creating a level playing field however to then apply the (reasonable) adjustment to all other candidates surely that then negates my reasonable adjustment.

 

Any advice would be greatly received as I need to make a decision as to whether to pursue this matter

 

Thank you

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Did you find the 10 minutes they gave you sufficient for your purpose? If yes then they have complied. If, no, then I would suggest they complied to what you asked for as it was what you said was what you needed and they 'reasonably' complied. The fact you didn't ask for any additional time is down to you.

 

You seem to be suggesting that you should have had additional time over the other people, I think you would struggle to show that the employer didn't obey the law. The fact they also allowed additional time to others is immaterial in my opinion.

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Hi Papasmurf

 

My employer gave me the reasoanble adjustment to ensure a level playing field in comparison to other non-disabled candidates as they recognised that I would be at a disadvantage - however (in my opinion) they then negated that level playing field by then giving every candidate the same reasonable adjustment (and therefore put me back at a disadvantage) !

 

And wouldn't it be good practice to let me know the outcome of my request for a reasonable adjustment before the actual interview?

 

Herewego

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I agree with Papasmurf. The treatment given to others is immaterial. A reasonable adjustment was given to you to allow for your condition, not to give you some kind of benefit over other candidates.

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The question you need to ask yourself is this: With the 10 minutes reading time afforded to everyone, am I at a substantial disadvantage compared with a person who does not have my disability? If the answer is no, there was no failure in the reasonable adjustment duty as it simply doesn't arise. If the answer is yes, then if you can identify an adjustment that could have been made (e.g. giving you a further 10 minutes on top) which would have reduced or eradicated the comparative substantial disadvantage, then the duty applied, and if that (or another equally effective adjustment) was not provided, there has been a failure in the duty which is likely to be actionable. The fact that you didn't request or suggest any adjustments is immaterial (assuming of course that the employer knew, or should reasonably have known, about your disability).

 

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If you feel that you were disadvantaged and decide to take it further, you have to identify exactly what losses you had. Obviously you would have injury to feelings but I imagine that any compensation would be at the lower end of the scale.

 

Having been through this process I can say that the stress of the actual case, let alone the problem that got us there, is considerable. Taking action in the courts or Tribunal is not easy and should not be taken without good legal advice, which obviously costs money.

 

What happened after the interview?

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