Damages for dyslexic fireman

Friday, 5 December 2008

A dyslexic fireman at City of Derry Airport, who claimed he was discriminated against on the grounds of his condition, has received a settlement of £17,000 from Derry City Council.

Michael McAlister lodged proceedings in the Industrial Tribunal against the airport owners claiming his employer failed to comply with disability legislation during the recruitment and selection of a new fire crew commander at the airport.

The Equality Commission, which took up his case, said he believed he had been unfairly discriminated against when he was required to take a spelling and comprehension test.

An occupational psychologist, who assessed his dyslexia in 2005, recommended he should be allowed 25% extra time and offered a reader for assessments where reading and writing was necessary. While he was allowed the extra time, the council did not provide a reader and his results were such that he was not allowed to progress further.

Derry City Council held its hands up and in settling the case admitted it had failed to comply with its obligations under the Disability Discrimination Act.

The council apologised to Mr McAlister for the hurt and distress caused to him and acknowledged its legal duty to make reasonable adjustments in relation to Mr McAlister in any future selection process.

Eileen Lavery, head of strategic enforcement at the Equality Commission said: “The council has accepted that it should have provided Mr McAlister with the reasonable adjustments highlighted in the occupational psychologist’s report.

“This case underlines the importance for employers of ensuring they make adjustments for employees with disabilities.”

Mr McAlister said he was pleased the matter had been resolved. “I was disappointed that, because I wasn’t provided with the assistance I needed for this test. I was not considered for a job I was fully capable of doing,” he said.

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