Speeding into trouble
Last week saw an interesting case for a Sussex driver who argued that the reason for his speeding was his dyslexia. We look at the impact if it were an employee at the wheel.
The Sussex motorist is reported to have been clocked topping 103mph when he was spotted “weaving in and out of traffic as he sped along the A27 in East Sussex.” The motorist is also described by witnesses to have been seen gesticulating at other drivers as he passed their vehicles at this incredible speed.
This roadrunner of a driver apparently blamed his dyslexia for his outrageous speeds. However, the Court hearing the case at Hove Crown Court is reported to have been “sceptical” about this defence, before proceeding to then ban the driver for 3 years and order that he take an extended driving test for his actions.
We have taken this opportunity to speak to Wendy Curlett, who is a team leader at Newcastle-under-Lyme based mhl Support about how this case could be relevant to employees who are caught speeding whilst working.
Wendy explained “that it would not be surprising if something similar to this type of defence is raised by an employee as part of disciplinary proceedings, and we certainly see some astonishing stories from time to time.”
When we asked Wendy if this type of excuse would work in disciplinary proceedings, Wendy explained that “in theory it could if it was the genuine reason for the actions. Dyslexia can be a disability as recognised by the Disability Discrimination Act 1995, the consequences of which would require an employer to make reasonable adjustments, and not treat the person less favourably for reasons relating to their disability. However, I would seriously question if dyslexia would be a true reason for speeding, particularly on the more convention needle-based odometer. You may find that this excuse would become a little more plausible where the vehicle uses a high-tech digital speedometer, but even this is a stretch for the imagination. I suppose you would have to question how such a person ever passed their driving test if they had no appreciation or ability to read their present speed.”
It is somewhat perplexing how a driver could mistake a 3 digit speed reading for one with only 2 digits. Furthermore, you would hope that someone could feel the difference in driving sensations between 60 miles an hour and 103.
Wendy explained, when asked how an employer would deal with a situation like this that “an employer would certainly need to listen to and perhaps explore further any defence raised of this nature. This may include speaking to some suitably qualified in the effects of dyslexia to know whether it could cause someone to fail to realise they are speeding.”
If you have a situation where one of your employees has been caught speeding and want to take disciplinary action, if you are an existing client, please call one of the team today on 08453 100 999 quoting your PCN number to discuss the situation with one of our employment law specialists. If however you are not yet a client of mhl, but are interested in learning more about the services mhl provide, please call Katy Vaughan today on 08453 100 600 for your free no-obligation quote.
This News Release is intended to provide a general overview and discussion of the subject matter. It is not however, intended to give advice or to act as a substitute to taking legal advice from our Support Line in any specific situation. Mhl accepts no liability or responsibility for the information contained within this news release. If you would like specific advice about this subject matter, please contact one of the Employment Law Team today on 08453 100 999.
