Dyslexia in the workplace

A new Employment Appeal Tribunal (“EAT”) case has confirmed that dyslexia does qualify as a disability under the Disability Discrimination Act (“DDA”) 1995.

• Disability defined

under the DDA 1995, disability is defined as ‘a physical or mental impairment having a substantial, adverse, long-term effect on normal day-to-day activities’

• Dyslexia as a disability defined

in Paterson v The Commissioner of Police of the Metropolis, the EAT ruled that the claimant’s difficulty with reading, which meant he required 25% extra time to complete a test for promotion:

• did put him at a disadvantage versus non-dyslexic colleagues
• did constitute a ‘substantial adverse effect’
• does count as a disability

Source: www.lawreports.co.uk

Note for employers:

What qualifies as a disability is getting wider and wider as pressure groups and worker-friendly tribunals strive to address perceived past imbalances in worker-employment rights. Make sure your disability discrimination guidelines are widened to cover dyslexia and potentially similar mental ‘impairments’.

Dyslexia in the workplace checklist