02/04/2024   Wilkin Chapman - Neurodiversity in Employment Law - Is Dyslexia a disability?

Is dyslexia a disability?

It is possible that dyslexia and other learning difficulty conditions could be classified as a disability for the purposes of the Equality Act 2010. If an employee is deemed to be a disabled individual, then an employer will be responsible for making any reasonable adjustments to support such individuals in the workplace.

Dyslexia does not come with ‘one size fits all’ symptoms and, for that reason, it is very important that employers are on the lookout for employees who may be affected by the condition.

Case examples

Two recent cases illustrate the issues that an employer can face if they do not make adjustments when they are aware or should have been aware, that an employee suffers from dyslexia, as well as other learning difficulty conditions.

Bryce v Sentry Consulting Limited

The claimant was a security guard who suffered from dyslexia as well as Asperger’s Syndrome. One of the ways it impacted him was difficulty in reading digital clocks and maintaining organisation. He was repeatedly late for work. When his employer questioned this, he explained that his lateness was due to dyslexia and asked for some leeway with his start time. He was not offered any more work. He was successful in his claims for discrimination arising from a disability and failure to make reasonable adjustments. The requirement to be on time placed the claimant at a substantial disadvantage when compared with employees who did not suffer from dyslexia and/or Asperger’s Syndrome.

Jandu v Marks & Spencer

The claimant received a low score for behaviour in a redundancy selection process and was dismissed. Factors that were taken into account when scoring against this criterion included issues which were held to be a direct result of her dyslexia (such as mistakes and errors, difficulty balancing workload, and drafting emails in bullet points). The respondent had failed to make reasonable adjustments to the scoring process, to remove the disadvantage suffered by the claimant by reason of her disability of dyslexia.

These cases are a reminder to employers of the importance of considering what reasonable adjustments can be made. 

Top tips for dealing with such issues within the workplace

• Consider whether technology or equipment could be adapted.
• Review the physical environment of the workplace.
• Consider different ways of communicating and be mindful of how communications may be interpreted.
• Raise awareness internally.
• Consider reasonable adjustments from recruitment and throughout employment.

For more information on how Wilkin Chapman’s employment law team can assist you, contact Katie Davies on 01472 253917, email [email protected] or visit https://www.wilkinchapman.co.uk/business/employment-law