Nov 30, 2017 - way back in the 11th century. Often misguidedly represented as being a right royal idiot, Canute was actu
IT’S A KING THING Every city wants a dead royal under its’ car park
DYSLEXIC DILEMMAS Can you ever make too many reasonable adjustments?
ARE YOU IN DIGITAL DANGER? Young workers tweet recklessly… at your own risk
Your weekly bulletin of wit & wonder in the world of…
Wg Employment Issue 577/November 2017 As I write this there is great excitement in an Aldi car park. According to the BBC, workmen have unearthed human bones beneath the tarmac outside the supermarket in Stalybridge, Greater Manchester. Speculation is that there’s an old burial ground beneath the car park. Archaeologists and pathologists are on the case amid thrilled whisperings of ‘Could this be another Richard III situation?’ Because, as we all know, any deceased British King worth his salt, is eventually found under a car park. Which brings me to the case of King Canute. King Canute is the one who, legend tells us, once ordered the tide to halt at his feet, way back in the 11th century. Often misguidedly represented as being a right royal idiot, Canute was actually a successful and yet humble king, who wanted to make it clear to his followers that he wasn’t all powerful. The point clear he illustrated, with wet feet, that was he thatwasn’t the tide forhe him – only God to his fawning retinue all wouldn’t that. Theturn point illustrated, withcould wet pull off that kind of trick. feet, was that the tide wouldn’t turn for him – only God could pull off that kind of trick. But where did it happen? well… herein lies a tale. Although Canewdon in East Anglia, Bosham in West Sussex and Thorney Island all lay claim to the setting, Southampton actually has a plaque. A plaque, I tell you! On a building on the corner of Canute Road. Apparently Canute was even crowned in Southampton. So he’s OUR king and the rest of you can go and get one of your own. The only issue is where he’s buried. I almost wish it was under the West Quay car park, so we could go and get him. But no. He’s up the road in Winchester Cathedral. To which I say: ‘Pah!’
Testing times And speaking of the writing on the wall brings me to the unfortunate case of Schofield v Manchester Airport in which an employee’s struggle with the written word ended in a tribunal… Mr Schofield, a security officer at Manchester Airport (MAG plc), was diagnosed with four learning difficulties: dyslexia, dyspraxia, dyscalculia and dysgraphia, classifying him as disabled under the Equality Act 2010. Despite his disabilities, Mr Schofield had learned to read and write as an adult and went on to obtain undergraduate and postgraduate degrees in social sciences, even though he left school with no qualifications. In July 2015, he began working for MAG plc as an aviation security officer. Mr Schofield and other new recruits were tasked with low-risk duties such as tray filling while background checks were carried out. On completion of the background checks, Mr Schofield and 13 other recruits were enrolled on a 15 day induction course starting in November. The trainees were required to pass every element of the course, part of which would be assessed by a written exam preceded by a number of mock tests, with a pass mark of 80 per cent. The exam contained mainly multiple choice or one word/short answers. The process was not competitive and so it was possible for all the new recruits to succeed. The trainees were each given an A5-sized booklet in small print containing all the materials they’d need for the course.
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On the first day Mr Schofield told the trainer he had a number of learning difficulties, including dyslexia. Mr Schofield did not explain what his other conditions were but he told the trainer that he had two psychologist’s reports with further details. The trainer told Mr Schofield that he did not need to see the report and asked what support was needed. Mr Schofield explained that at university he’d been allowed additional time for exams and referred to an amanuensis (an assistant to take dictation). All trainees wrote the exam together, with Mr Schofield being given as much time as he needed to complete the test. Mr Schofield did not pass the exam and his employment was terminated. Mr Schofield then brought a claim to the Employment Tribunal for failure to make reasonable adjustments and discrimination on grounds of disability. Mr Schofield claimed that MAG plc should have made more adjustments for him by allowing him more time to take the exam, and provide him with a person to read the questions and write down the answers for him. The Tribunal found that the requirement for Mr Schofield to take the exam placed him at a substantial disadvantage compared to those who were not disabled. It considered that the MAG plc was a large organisation which would be expected to have sufficient resources to make adjustments for a disabled person. However the Tribunal concluded sufficient adjustments had been made in the circumstances, therefore finding Mr Schofield’s claims unsuccessful.
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The Tribunal also held that it was not reasonable for Mr Schofield to be given more time as he had already been given unlimited time. This case is a reminder for employers to review the reasons why tests are needed and what adjustments could be made for disabled employees/applicants.
Go ahead… save yourself! Put down your phone a moment… did you know that 46 per cent of 18-24-year-olds have no idea they could be sued for tweeting rumours? The pace of change with social media has been breath-taking. The average youth can do amazing things with two thumbs – but they probably haven’t done a course in defamation. Dangerous for them – and possibly calamitous for employers, considering this generation will be making up 50 per cent of the work force by 2020.
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