An MDS member contacted the advice line seeking assistance regarding a recent ARCP outcome. The Doctor was working as an ST8, had already had a 12 months extension in training and had failed the FRCS on several occasions with only one attempt remaining.
The Doctor has had a late in life diagnosis of dyslexia which is a protected characteristic. The Examination Board had accepted this diagnosis and awarded 25% extra time for sitting the examination.
However, at the ARCP the Doctor was awarded an Outcome 4 for “failing to progress”.
MDS ADVICE & OUTCOME
MDS advisors reviewed the matter in detail with the Doctor. Through this review it appeared that the Doctor had not progressed for several reasons:
- The examination attempts
- Additional health concerns
- No available opportunities to carry out required procedures –direct impact from COVID restrictions
- Excess number of on-calls so no time for targeted training
- Mo workplace adjustments were made for the dyslexia
The Equality Act 2010 came into force on 1 October 2010 and aimed to harmonise discrimination law which protects individuals from unfair treatment either in Education or the Workplace.
In this case whilst the Higher Education Institute had recognised the learning needs there had been no reasonable adjustments from the employer.
The Outcome 4 was appealed on this ground and the award was overturned to an Outcome 3 with the Doctor being awarded an additional 12 months’ training time.
The Equality Act 2010 provides a duty upon Higher Education Institutes and employers to make reasonable adjustments so a disabled student does not face ‘substantial disadvantage’ in comparison with non-disabled people – everyone should be given a ‘level playing field’.
In this instance whilst the Higher Education Institute had made adjustments, the employer had not.
This was only discovered once MDS had assisted the Doctor with writing and collating the necessary information for the appeal.