Employers’ guide to dyslexia in the workplace
3 October 2023
One in ten people are estimated to have dyslexia, according to the British Dyslexia Association. During this year’s Dyslexia Awareness Week, 2–8 October 2023, charities such as Made by Dyslexia are encouraging employers to see the benefits of what they describe as ‘dyslexic thinking’, involving above-average creativity and problem-solving skills.
In this article, we look at the legal obligations on employers in relation to dyslexic job applicants and employees.
What is dyslexia?
Dyslexia is a learning difficulty that affects individuals in different ways. Generally, dyslexic employees may have to work harder than their peers to keep up with the demands of their jobs.
Dyslexia often affects spelling, reading and the ability to process information quickly, as well as memory. It can also affect concentration and organisational skills. A recent employment tribunal case also found that an employee’s dyslexia resulted in his occasionally being unable properly to express what he was thinking (Borg-Neal v Lloyds Banking Group 2022).
Employers’ obligations
Dyslexia, along with other common forms of neurodiversity such as autism, has long been recognised by employment tribunals as a potential disability. This means that dyslexic individuals may be protected by the Equality Act 2010. To be protected, their dyslexia must have a long-term and substantial adverse effect on the person's ability to carry out normal day-to-day activities.
Discrimination against disabled employees or job applicants is unlawful even if it is unintentional, and it can take a number of forms:
Direct discrimination is to treat someone less favourably because of their disability, for example, in not giving a candidate an interview because she has disclosed that she has dyslexia.
Indirect discrimination may occur where an employer has a provision, criterion or practice (PCP) that puts disabled individuals with dyslexia at a disadvantage compared to non-disabled individuals. This will be unlawful if the employer cannot show that the PCP is a proportionate means of meeting a legitimate aim. This could occur where a company routinely rejects job applicants whose applications contain typos and spelling mistakes, if this policy cannot be justified.
Unfavourable treatment arising in consequence of a disability is also unlawful, unless it can be justified. For example, performance-managing an employee for slowness in producing written materials may be unlawful if this is due to their dyslexia. If reasonable adjustments could have helped the employee overcome the challenges that led to their being performance-managed, it will be hard to justify the performance management.
Harassment is unwanted conduct related to a disability causing a distressing or offensive environment, for example, the use of offensive terms referring to poor cognitive functions.
Failure to make reasonable adjustments can easily trip up the unwary employer, and we explore this in more detail below.
Getting informed
Even if an employee does not declare that they are disabled, the employer may be on notice that they may be a disabled person under the Equality Act 2010. This could happen where the employee appears to struggle with specific tasks that others find straightforward, or mentions always taking longer than others to read a report. Employers may be expected to explore this with the employee.
Obtaining occupational health advice or an assessment by a psychologist may be a necessary next step.
Reasonable adjustments
Occupational health advice or suggestions in a dyslexia assessment can be helpful when considering reasonable adjustments. Such advice or assessments should be discussed with the employee; the employer should also invite and consider any suggestions the employee has for making their working life more accommodating of their dyslexia. What works will depend on the individual.
Employers only have to make adjustments that are reasonable. A number of factors are at play in determining what is reasonable, including the cost to the employer and the extent to which the adjustment will effectively remove the disadvantage that the employee experiences. For example, some possible adjustments include:
ensuring job application forms are compatible with assistive technology software;
using sans serif fonts;
providing assistive technologies like speech-to-text software;
allowing extra time for tasks involving processing lengthy documents;
allowing recording of meetings or instructions rather than taking notes;
positioning the employee’s desk in a quieter area or allowing home-working if they need to avoid distractions; or
reallocating duties that may be particularly challenging for the employee.
Any adjustments should be discussed with the employee and reviewed regularly to check that they are effective.
Support for employers
While it will not pay for reasonable adjustments, the Government Access to Work scheme, which principally supports individuals, may assess what adjustments should be made. The British Dyslexia Association offers a range of services for employers, and Made by Dyslexia provides guidance and training.
Inclusive recruitment and employment
In recent years, there has been increased focus on employers ensuring that their recruitment practices are inclusive for neurodiverse individuals. Employers can obtain a dyslexia-friendly quality mark from the British Dyslexia Association as an outward sign of a commitment to best practice to support dyslexic employees.
Employers can increase awareness and understanding of neurodivergent conditions, including dyslexia, by training their staff. An open and understanding culture, coupled with informed managers, should help ensure issues are constructively addressed before the employee encounters serious difficulties.
How we can help
We can advise you on dealing with any specific cases to avoid costly claims.
For further information, please contact the team at Synchrony Law.
This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.