Dyslexia is recognised as a difficulty following the Disability Discrimination Act.
Anyone with
"a physical or mental impairment which has a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities"
is defined as disabled.
Many dyslexic people have developed coping strategies in the workplace. If for some reason their strategies no longer not work, or a dyslexic person’s working environment does not allow them to use their strategies, this can be viewed as disabling.
"In some cases, people have 'coping strategies' which cease to work in certain circumstances (for example, where someone who stutters or has dyslexia is placed under stress). If it is possible that a person's ability to manage the effects of the impairment will break down so that these effects will sometimes occur, this possibility must be taken into account when assessing the effects of the impairment. "
[Paragraph A8, Guidance to the Definitions of Disability]
“Examples of effects which are obviously within the definition are not included below. So for example, inability to dress oneself, inability to stand up, severe dyslexia or a severe speech impairment would clearly be covered by the definition and are not included among the examples below. The purpose of these lists is to provide help in cases where there may be doubt as to whether the effects on normal day-to-day activities are substantial.” [Paragraph C12, Guidance to the Definitions of Disability]
An employee with a grievance regarding disability can take up the matter with an Employment Tribunal. The Tribunal can force employers to pay damages to employees they have discriminated against.
The former Disability Rights Commission have sponsored several dyslexic employees in taking legal action against their employers. Case histories are available at the Commission for Equality and Human Rights (CEHR) website.
On 1 October 2007 the three equality commissions merged into the new Equality and Human Rights Commission:
The websites of these commissions have also been incorporated into the new Equality and Human Rights Commission website: www.equalityhumanrights.com.
The employee has to establish facts suggesting discrimination has taken place, after which the burden of proof is placed on the employer to establish that there has been no discrimination.
Key point: the “burden of proof” has shifted from the employee to the employer.
In the future, it is proposed that all employers will be charged with anticipating the needs of the disabled in the workplace.
Is your company vulnerable to similar claims?