4 Disability discrimination regarding dyslexia
The Equality Act 2010 in the United Kingdom requires employers to make reasonable adjustments for employees with disabilities, including dyslexia. This duty starts from the recruitment process and continues through promotions, transfers, training, development and even dismissal. Simply put, employers MUST NOT discriminate against disabled individuals. Although the term ‘disability’ isn’t commonly used in the UK to describe dyslexia, it is a lifelong condition that significantly impacts on a person’s day-to-day life, thus meeting the criteria of a disability under the Equality Act 2010.
The Equality Act defines a disability as:
a physical or mental impairment which has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities.
‘Substantial’ means ‘more than trivial’ as established in the case of ‘Mr P Aderemi v London and South Eastern Railway Ltd’ (2012). Additionally, the Public Sector Equality Duty applies to public bodies and those performing public functions, ensuring they also make reasonable adjustments. Despite this legal protection, many employees still face discrimination. Deacon, Macdonald and Donaghue (2022) have discussed the mental impact of experiencing exclusion in the workplace due to dyslexia. However, the empirical research is limited in this area.
The law firm Springhouse notes that while there may be situations where duties are withheld from dyslexic employees, this must be handled sensitively to avoid allegations of discrimination or harassment. Blanket rules preventing dyslexic employees from certain roles are highly unadvisable. Each case should be considered individually, considering the role, duties, circumstances, and the employee’s needs.
Employment tribunals have emphasised the importance of understanding and accommodating dyslexia in the workplace to prevent discrimination and support employees effectively. By fostering an inclusive enviroment and making reasonable adjustments, employers can help dyslexic employees thrive.
Cases decided in tribunals
‘Mr D Paterson v Commissioner of the Metropolitan Police’ (2007)
- Case Summary: Chief Inspector Paterson claimed that the Metropolitan Police didn’t make reasonable adjustments for his dyslexia during promotion exams. Initially, a tribunal ruled that his dyslexia had only minor effects, but this was overturned on appeal. Expert evidence showed that Paterson had significant difficulties with phonological processing, short-term auditory working memory, and processing information quickly under pressure.
- Outcome: The appeal tribunal recognised that dyslexia had a substantial impact of making reasonable adjustments in such cases.
‘Miss M Kumulchew v Starbucks Coffee Company UK Ltd’ (2014)
- Case Summary: Meseret Kumulchew, a Starbucks employee, was accused of falsifying documents (wrongly recording the temperature of fridges and water at specific times) after making mistakes due to her dyslexia. She was given lesser duties and told to retrain, which left her feeling suicidal.
- Outcome: The tribunal ruled in favour of Meseret Kumulchew, finding that Starbucks had failed to make reasonable adjustments for her disability and had discriminated against her.
Watch this four-minute video by Clive Coleman (Legal correspondent for BBC News) on how Meseret felt during her work placement, and the little steps (i.e. reasonable adjustments) they could have taken but didn’t.
Video 1: Starbucks employee wins dyslexia discrimination case (open the link in a new tab/window so you can return here easily)
It’s important to note here, that employers must make sure that people with dyslexia are not bullied because of their learning difficulty (British Dyslexia Association, n.d.).
Case study
Martin Searle Solicitors shared a case study (2014) about Wendy, a Specialist Nurse at an NHS Trust who faced bullying and disability discrimination at work. The bullying included being given tasks that were especially challenging for someone with dyslexia and being publicly criticised for mistakes. Wendy’s legal team pointed out that the employer failed to follow the Equality Act 2010 and the ACAS Code of Practice. The case was resolved with the employer making the necessary adjustments and addressing the bullying behaviour.
If someone believes they have been discriminated against, they can take their case to an employment tribunal within three months of the incident. Disability discrimination is based on ‘discrimination arising from disability’, meaning there’s no need to prove they were treated worse than others.
Other relevant information: workplace health needs assessment
In the UK, the government offers practical advice for employers on workplace health, and provides tools for conducting workplace health needs assessments (Public Health England, 2017). These assessments gather anonymous information about the health of a company’s workforce and help employers decide where to invest in staff health and wellbeing, beyond just the basic requirements.