Tips on dealing with
dyslexia in the workplace
It is estimated that around 1 in 10 people have
dyslexia. It predominately causes reading and
writing difficulties but memory, mathematics,
organisation and sequencing skills can also be
affected.
Dyslexia is a disability and workers with this
condition are protected from discrimination
under the Equality Act 2010.
There have been a number of employment
cases which provide some pertinent advice for
employers.
1. Don’t allow your staff to name call
You would think that it should be perfectly
obvious that dyslexic staff should be treated
with dignity and respect by their colleagues
and managers and these messages are often
reinforced in diversity or equal opportunities
training. None the less, some employers still get
this lamentably wrong. The owner of a barbers
shop who referred to one of their female
hairdressers with dyslexia as “thicky Vicky” and,
after she complained, sacked her was guilty
of both direct disability discrimination and
discrimination arising from a disability - Fenn v
Schreeve ET.
2. Consider whether there are any
reasonable adjustments you can make
Most of the reported cases involve allegations
that the employer has failed to make
reasonable adjustments to ameliorate the
disadvantage to the employee across a range of
workplace situations. For example:
Interviews
In Noor v Foreign and Commonwealth Office,
the EAT found that changes should have been
made to the interview process to accommodate
a dyslexic candidate disadvantaged by the
fact that he had been asked questions about
competencies not listed in the job description
during the first interview. The EAT made it clear
that employers must remove any disadvantage
to “eliminate the practical difficulties and
embarrassment caused and create a level
playing field” for the interview.
But, it was not a reasonable adjustment in
Haynes v Chief Constable of Gloucestershire to
dispense with a promotion board interview in
circumstances where an experienced policeman
sought promotion to a more senior level.
Disciplinary and grievance hearings
The Employment Tribunal recently took
Starbucks to task for its failure to adjust
its standard procedures for dealing with
misconduct allegations against a member
of staff with dyslexia. The minutes of the
meeting were handwritten so she couldn’t
read them and this placed her at a substantial
disadvantage. Starbucks also required the
claimant to sign and agree the notes at the
end of the meeting, which again put her at
a substantial disadvantage. She also needed
more time to read and understand typewritten
documents and providing these two days
before the hearing was not deemed to be long
enough. They were also criticised for typewritten
documents provided in an extremely small
font and in single line spacing. This aligns with
professional guidance which recommends that
documents should be font size of no less than
11pt, have clear typefaces such as Arial and
increase the spacing between lines. Kumulchew
v Starbucks, ET.
It might also be appropriate to adjust the right
to be accompanied and allow dyslexic members
of staff to bring a family member or friend to
assist them at disciplinary or appeal hearings –
Robertson v Otis Ltd, ET.
Dismissal
A dyslexic consultant neonatologist dismissed
for bullying colleagues claimed that her
condition made it more likely that she would
engage in that type of behaviour and sought
to argue that her dismissal was a breach
of her employer’s duty to make reasonable
adjustments. She argued that the practice
of normally dismissing employees for gross
misconduct should be adjusted. The EAT
disagreed and indicated that the “subtle
problems of perception and misreading of
verbal cues are a world away from the sort of
behaviour of which the Claimant is accused.”
Dyslexia, like many disabilities, is part of a
spectrum and may be mild or much more
serious. Whilst there are no hard and fast rules
about whether it will in all cases be a disability
for the purposes of the Equality Act or, if it is,
what is or might be a reasonable adjustment,
these cases demonstrate that an employer
who knows that an employee has dyslexia
must consider whether they are disadvantaged
when applying for work, seeking promotion
or in respect of enforcing workplace rules.
If they are, then there is a risk of disability
discrimination claims and they must consider
making changes to level the playing field and remove the disadvantage.
Spring 2016
For general enquiries
0808 291 3524
Or we can call you back at a time of your choice
Phone lines are open 24/7, 365 days a year
