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AE Proctor Ltd v Hutton

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Last updated 2001.

Employment Appeal Tribunal, 18.12.00, 1319/99. Full judgment: bailii.org.

An employee was dismissed allegedly due to his dyslexia. The employment tribunal found that his dyslexia did not have the required substantial effect and so was not a disability. The tribunal commented amongst other things that he knew how to use a spell check and he now knew how to use a dictionary. He often got work done ahead of time, though very occasionally wrote down order numbers incorrectly.

The EAT remitted the case to the tribunal for reconsideration, partly on the basis that the tribunal had erred in forgetting that measures taken to correct an impairment must be discounted when assessing substantial adverse effect (Schedule 1 para. 6).