Disability discrimination and dyslexia: employment tribunal decisions

This article summarises the main issues and outcomes in five tribunal cases where it was claimed that the employer committed disability discrimination against an employee who has dyslexia. 

Although the decisions are not binding on other tribunals, they provide useful illustrations of situations that have led to employers facing claims for disability discrimination in relation to dyslexia and, in some cases, large awards of compensation. 

• Disability discrimination and dyslexia: employment tribunal decisions The cases involve: an employer's failure to postpone a dyslexic employee's capability dismissal process; an employer failure to take account of employee’s dyslexia during a disciplinary procedure; the dismissal of a dyslexic employee for misconduct who claimed that he was discriminated against; an unreasonable expectation on an employer to incorporate a spell check facility when it adopted new bespoke software; and a dyslexic who was dismissed for misconduct issues unrelated to his disability. 

Also

Employment tribunals: dyslexia leads to disability discrimination claims A sample of 100 employment tribunal rulings on disability discrimination gathered by HR & Compliance Centre shows that, while depression and limb disorders such as back pain are the most common health conditions that lead to tribunal claims, there are a surprising number of dyslexic claimants bringing disability discrimination claims. From the HR & Compliance Centre employment intelligence blog. 

Dealing with dyslexia Occupational Health magazine explains why failure to recognise the condition in the workplace has implications for both employee and employer. 

Good practice: Disability The HR & Compliance Centre good practice manual discusses the key actions and considerations for establishing disability-confident workplaces, so that disabled people are employed productively for their skills and expertise. It covers how to attract disabled people to the organisation, how to make the application and interview processes inclusive, and the ongoing considerations to ensure that disabled employees, once recruited, want to stay. 

Managing the recruitment and absence of people with disabilities: the 2009 IRS survey This IRS survey of 107 employers investigates the ways in which their recruitment and absence management take account of individuals with disabilities, looking at compliance with the law as well as good practice.