Work extended my probation period after finding out I was dyslexic

[startingtolooklikemother]

Hi all long time lurker but not much of a poster. Looking for some perspective on things please as I'm not sure if I'm being unreasonable.
Back story started new job in November last year, it's in a managerial role in a professional area (no idea if that makes a difference) I'm doing really well with n the role but really struggle with writing down plans in a particular piece of software. This doesn't stop me doing my job as such but there is a responsibility to provide this to clients so they can review progress. I stated to my Line manager that I'm dyslexic and need some support in doing this.
Next minute I get a telephone meeting with HR whilst they extend my probation period and arrange external assessments (which have confirmed moderate to severe dyslexic)
My question is that due to having probation extended I'm missing out financially plus it's causing me great stress! They have put in place some of the occupational health recommendations but not all.
Can anyone with a legal or hr comment I'm feeling very vulnerable

That doesn’t seem right to me. I would maybe contact ACAS. Sorry you are going through this

Dyslexia (diagnosed) is recognised under the disability act, so they are definitely acting illegally if only the dysexia prompted the extension. Have they given you a proper reason yet? If not and nothing has been documented then raise a grievance.

It depends, if they would've terminated your contract based on your struggle with this part of the job at the end of the normal probation period, but when they realised the cause they've referred you to occ health to get additional support for you and given you more time to meet the standard expected that seems like a reasonable adjustment under the relevant legislation.

That in breach of legislation - they have an obligation to make reasonable adjustments.

www.gov.uk/guidance/equality-act-2010-guidance

Speak to a union rep if you have one. Otherwise pop over to the legal boards for better advice. But my suggestion would be as a first port of call to have a meeting with HR and state that you would like to make it clear that your position is that have you have a disability which falls within the definition of the Equalities Act and you believe that they have an obligation to make reasonable adjustments - which would include help with the software. And you think it is possible that there current approach is in breach of the legislation.

At this stage hopefully you can keep it all very cordial. They probably aren't aware of their obligations - which doesn't make it right - but hopefully pointing out the legislation. If they don't change their approach - go for a grievance.

There are lots of employment lawyers who will give free initial consultations over the phone so call a few of those so you can get a good understanding of your rights.

What FASH84 said.

As FASH84 said, they're trying to help you out. If you hadn't let them know you may not have passed the probation period. Its stressful but I think they are trying to help you out

I think I also agree with FASH84; it sounds like they're trying to help you but making adjustments. Have the adjustments made it easier to use the software?

Them trying to help you is surely better and less stressful than getting fired.

They may make reasonable adjustments like asking someone else to do that particular part of your job, but if your role is mainly doing this task you have to be realistic in asking if you can do the job.

Didn't you tell them when you applied?

Talk to ACAS today, their number is on their website.

Did you tell them you’re dyslexic at the start? If they only just found out they’re acting correctly as far as I can see. If you’re underperforming, they would have terminated your probation. Being dyslexic (or any other disability) doesn’t mean you get to underperform and come off probation. They’re making adjustments and giving you the chance to show you can do the job with the adjustments in place.

With regard to the adjustments, it’s not a simple as occ health said they so so they should. It’s a matter of whether it will help you, and whether it’s practical for the employer. Most adjustments cost nothing or very little so they can’t really refuse. You need to put in writing the adjustments you want, and why you want them, and if they are going to refuse them, they need to tell you why in writing.

They have to make reasonable adjustments, you have to be able to do the job needed. Increasing your probationary period whilst they determine whether you can do the job with adjustments seems reasonable. But they do need to make the adjustments!

If dyslexia is recognised under the DDA then surely you have to disclose it when applying for a job if it is going to affect your ability to do that job.

Agree with others that it sounds like they are trying to support you; they could have just terminated your employment saying your probation period was unsuccessful which would have been a lot worse than extending the probation and trying to resolve the issues.

did you tell them at the start?

the thing that strikes me is that if you didn't, they have spent time assessing your work without key information, and may want to extend probation to get a clear idea of how you perform with adjustments in place.

I think most places reserve the right to extend probation for any reason though don't they - we don't have any rights before 2 years.

It does sound a lot more as though they are trying to help you. If a person has a disability which means they cannot do their job, even with additional support, then it is not 'discrimination' for the employer to get rid of them: they need to show they have tried to make reasonable adjustment for the disability but the person still can't manage, even with extra support.

I think you need to tell them about preexisting health conditions and things like dyslexia and dyspraxia during application. They say it doesn't affect their decision about who gets the job and is only so they can make adjustments but I have a hard time believing that this is true.

Years ago I applied for a job after a longish period unemployed and didn't mention the fact that I suffer from frequent migraine on my form. I got the job and was fine for the first week, during my second week I suffered from two migraines on the first day I was sent home after being sick and then on the second day I was sick again my line manager spoke to me and I came clean that my migraine was a pre-existing condition. I was sent home and later recieved a phone call telling me that I was not suitable for the positon and not to come back.

From that point on I was always up front about my migraines and never got another single interview or job again in my life up to now.

I now work for myself as nobody will employ me, regardless of that they say, they use that information to discriminate against you.

I think you need to tell them about preexisting health conditions and things like dyslexia and dyspraxia during application.

You don't have to disclose it, but if the employer doesn't know about it they don't have to make any reasonable adjustments (so eg if OP had never told her employer and they let her go at the end of the probation period because she couldn't deal with the software, she couldn't then at that point complain that they should have taken her dyslexia into account).

Perhaps dyslexia doesn't need to be disclosed. I know that medication conditions do and that the can fire you on the spot for not doing so if you have been asked during application.

I think they've just extended your probation to ensure you're assessed correctly. They were assessing you before without all of the information. If you had been fired after telling them, that might have counted as discrimination, but I don't think this is.

I used to handle probations in a corporate environment.

Did you tell them you were dyslexic at interview/ acceptance?

Firstly, your probation was not extended after finding out your were dyslexic, it was extended when it was discovered you were unable to perform a key duty. You disclosed your dyslexia at that point, so the company are now obliged to make reasonable adjustments to allow you to do the role.These adjustments will be made and providing you're able to perform to the required standard with the adjustment in place, you'll be passed at your next probation review.

You're pissed off your probation has been extended which you're entitled to feel, but your attitude is all wrong here and that's your main problem. Don't waste your energy looking for discrimination and feeling like a victim, instead think about ways they could help you do your job in light of your disability and communicate that to your line manager/ HR.

Your tone in your OP is hovering dangerously close to 'I'll just quit because I've been discriminated against' mentality here and it's not even half time yet. There's every chance they'll pass your probation once the adjustments have been made and it will all be fine. If you're still unable to do the job after the adjustments, then you're not right for the role and it's better for all involved that you find a different job.

Sorry i that was a bit blunt OP, it's a shit situation but your company aren't doing anything wrong here.

I don't know what medication conditions are?
Acas say you do not have to disclose (but can't expect adjustments to be made if you don't, obviously)
There are very few reasons why an employer can legitimately ask about disability in an interview but this is one:
To find out if an applicant can carry out a function that's essential to the role. This could also be to help employers work out if an applicant could do the function with reasonable adjustments made for them
So is that software package essential to the job, is there a work-around the OP can use? We don't know.
It is not true to say that noone has any rights before the end of two years - an employer cannot terminate your contract for reasons relating to discrimination against one of the protected characteristics - but you'd need to prove this was why.
I'm amazed they had to conduct their own assessment to prove OP is dyslexic. Would they do that if she said she was hearing impaired,for example?

Crispy have read your other post and that sounds really awful

I know that medication conditions do and that the can fire you on the spot for not doing so if you have been asked during application.

There are actually fairly limited circumstances where an employer is permitted to ask about medical conditions during the application process.

www.staffsquared.com/blog/2016/02/18/what-can-employers-ask-about-an-employees-medical-conditions/

May i pick up on one thing - why are you suffering financially because of the extended probation? Are you not being paid?!