Dyslexia - can be a 'Disability'

In a recent case, the Employment Appeals Tribunal has held that an employee's dyslexia had an adverse effect on his normal day-to-day activities and confirmed that dyslexia can be a 'disability' for the purposes of the Disability Discrimination Act 1995.

Employers should also note that even where an employee can cope with dyslexia in less senior positions, he/she may have a disability if the dyslexia has greater impact as that employee's role and tasks become more demanding.

Given the difficulty in identifying the condition and its wide ranging symptoms, an employer should be careful of the way in which it treats an employee it knows or suspects of being dyslexic.  As with all forms of 'disability', the employer is under a duty to make reasonable adjustments to help the employee and should tread very carefully before disciplining and/or dismissing a 'disabled' employee as doing so unfairly could result in a claim being brought against the employer (which can attract unlimited damages).

For further details on dealing with 'disabled' employees, discrimination or dismissals in general please feel free to contact Alistair Latham or Mark Daubney.

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