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Did you know that an estimated 6.3 million people in the UK have dyslexia? With approximately 10 percent of the population affected, it is important for employers to understand what responsibilities, if any, they have toward dyslexic workers. This article explains what dyslexia is, when it constitutes a disability under the UK Equality Act 2010 and the potential obligations on employers to make reasonable adjustments.
Is dyslexia always a disability?
Under the Act, disability is defined as a physical or mental impairment that has a significant and long-term adverse effect on a person’s ability to carry out normal daily activities. Dyslexia is classified as a neurodiverse condition because it adversely affects the way a person learns and processes information. Consequently, dyslexia would be treated as a mental impairment under the Act. As a lifelong condition, it would also be considered a long-term effect.
However, this does not mean that dyslexia will always qualify as a disability. Although it has the potential to have a significant adverse effect on a person’s daily activities, this is not always the case. For a person’s dyslexia to have a significant adverse effect, there must be more than a minor or negligible effect on their ability to carry out normal daily activities.
Protection for dyslexic workers who are disabled
The Act seeks to protect people with disabilities from discrimination in the workplace and wider society. Importantly, UK employers have a duty to make reasonable adjustments for disabled job applicants and workers. This means that where a person’s dyslexia amounts to a disability under the Act, a duty to make reasonable adjustments may be imposed on the employer.
This duty will be triggered for a disabled dyslexic worker where the employer knows—or should have known, given the facts available—that the worker has dyslexia and is likely to place the worker at a significant disadvantage compared to non-disabled people because:
- the employer’s provision, criterion or practice;
- Physical features of the employer’s premises; Or
- Non-provision of auxiliary aid.
When the duty applies, the employer must take reasonable steps to minimize the disadvantage. If an employer fails to comply with its duty to make reasonable adjustments, it amounts to discrimination under the Act. Importantly, employers need to remember that if a duty applies, they need to take a proactive approach rather than waiting for the worker to ask for a change.
When would an adjustment be reasonable?
The duty to make adjustments only requires the employer to take steps that are reasonable. Actions which would impose a disproportionate burden on the employer need not be taken. A holistic approach should be adopted in which the impact of all measures should be considered.
Additionally, an employer must consider how effective a move will be. To improve the chances that the measures will be effective, the employer should consult the disabled person about the proposed measures. When considering whether an adjustment is reasonable, the following factors are relevant:
- Practicality of the step.
- Size, nature and resources available to the organization.
- Financial and other costs of adjustment.
- The extent to which the adjustment will disrupt business.
- Impact on other employees.
- adjustment time.
- Health and safety or other responsibilities on the organization.
What kinds of adjustments might need to be made?
As a starting point, it is good practice for employers to ensure that they proactively review all workplace policies from time to time to ensure that they do not cause significant disadvantages to disabled workers.
Special accommodations that may be reasonable for dyslexic job applicants and workers include:
- Giving dyslexic applicants and workers more time to perform certain tasks.
- Giving verbal as well as written instructions.
- Providing assistive technology such as a screen reader, scanning pen, or text-to-speech software.
- Highlighting key points in documents.
- Using different formats to convey information such as audio, video, diagrams and flowcharts.
- Allowing the use of digital recording devices in meetings and training sessions so that the worker is not required to take written notes.
The British Dyslexia Association gives more examples of adjustments that may be helpful.
Additionally, it may be helpful to keep a record of reasonable adjustments made for disabled workers. An up-to-date reasonable adjustment record can help employers ensure that all reasonable adjustments are appropriate and that information is passed seamlessly between managers. This saves the worker from having to explain their position and what support they need every time line management changes.
Anthony Nzegwu and Amanda Stedman are attorneys with Brahms Dutt Bedric French LLP in London. © 2022 Brahm Dutt Bedrick French LLP. All rights reserved by us. Reposted with permission lexology.
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