Employer's responsibility towards an employee with learning disability

My son, I call him SS, has moderate learning disability which affects his comprehension and maths. Despite this, he has learnt to drive to a high standard and is employed as a driver of a medium-sized van delivering goods throughout the country.

I have a worry that his employer makes no effort to see that he complies with rules and regulations appertaining to van driving. For example, SS has no knowledge of his responsibility regarding the upkeep of his van, and he could easily be apprehended for failing to check that his MOT and Road Tax are up to date, that the van's lights are all working, or that the wash bottle is not empty. I believe these are driving offences. If he is required to tow a trailer, he has little knowledge of the rules and regulations, and he would not know if his employer has failed to keep his van regularly serviced.

I would like to see the law require every company that employs at least one person with a disability, to name a senior member of staff who will be responsible for maintaining the safe and legal employment of that person. SS might know to check the depth of tread required by law, but when that changes, it is unlikely that he would be aware of the change.

I’m sure that the authorities could prepare a list of requirements, and that the ‘responsible manager’ could carry them out without difficulty. To employ someone, knowing that he or she could be fined or acquire points on their licence through a lack of understanding of the rules, is grossly unfair. To do so to save the company expense is unacceptable.

If I’m right, I would like to pursue this; would anyone join me in a campaign?

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To be perfectly honest I have never come across this before, that a person with any level of learning disability is able to drive. How does his disability affect his day to day living ? With my son he loses concentration in a second if he sees anything to distract him. Just by passing his theory and practical driving test, your son surely has the ability to learn, keep and use an amount of knowledge needed to do all the things you have listed in your post ? Some of the list he would have had to know anyway as he could have been asked about them in his driving test. As for towing a trailer I’m not sure his license would allow this.

When his employer gave him the job he became responsible for your sons well being during his working hours. I cannot understand while you as his parent haven’t discussed this with company, made sure that in his contract of employment all of the situations are covered in this. I’m not an expert in employment law, but I think it depends on the size of the company that your son has a named person to support him at work, or this may fall to the actual employer.As he is actually out of the premises and on the road, does he have to have support with him while he is out driving ? What happens if your son has a problem whilst he is driving?

I’m sorry if I sound very negative but I have never come across a situation like this before and I would have hoped that somebody on this site that actually was an expert would have picked your post up and replied to you.

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Thank you for replying. I can assure you that SS has mod Learning Disability. His understanding of maths is almost zero. He can add to single digits but not much more. His comprehension of written work is much the same. But, he is an excellent driver. His brother is a Driving Instructor and I gave him a lot of help too. Whilst out delivering, he frequently phones his office for help and advice, and he has a tracking device on board so that they know exactly where he is. They, or the delivery recipient often give him instructions for the last few hundred yards of his journey.

My wife and I are very proud of his achievements and are pleased to hear you say that an employer has a responsibility towards SS as an employee, and that will sufice.

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Thank you for your reply. Your boy sounds to be a good lad not allowing his disability to hold him back. Your first post was really eye opening to me and I hope SS continues to flourish in his job. Also I think the company employing him deserves big credit for giving SS the chances to show that he can overcome disability with the chance to earn his own living. I’m sure that you as his parents are so proud of your son, and please give him my very best wishes for the future.

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Angusboy, thank you so much, that's the nicest and most encouraging message I have received about SS. And yes, his employer is to be congratulated in showing confidence in him. They started by giving him an old small car. He showed his worth, arriving at work on time, even when asked to start before dawn! They then gave him a medium sized van which he treats as his own.

I hope others take note. You can achieve (almost) anything if you really want to.

[Roadtrip19]

I work in Insurance and so I know that the employer has a duty of care toward your son. Obviously he knew about your sons learning disability when he employed him so he has no come back on that score. If anything happened, he could be sued.

Companies who employ more that 5 people should have a written Health and Safety plan in place and should have someone responsible for this, even if it is not their full time job. This will include maintaining company vehicles.

I think maybe your son could ask who this is within the company and have s chat to them?

I hope this helps. Good luck and well done to your son

[Hidden in reply to Roadtrip19]

Thank you for your reply. Yes, I am reassured that employers have a responnsibility to employees, and they certainly do know of SS's Learning Disability. I'll check his employer's Health and Safety Plan.