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Hi there, if you have been diagnosed with dyslexia then there is a strong likelihood that you may be classified as disabled for employment law purposes and get additional protection and rights.
In the legal sense of the word, disability can have a broad meaning and there is no single list of medical conditions that qualify. Instead, to establish whether a person is disabled, they need to show that they meet the legal definition of a ‘disability’.
The Equality Act 2010 defines a disability as a “physical or mental impairment that has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities”.
I will break this definition down:• Physical or mental impairment – this can include nearly any medical condition and as a mental impairment dyslexia is included;• Substantial effect – the effect must be more than minor or trivial;• Long-term - the effect of the impairment must either have lasted or be likely to last for at least 12 months;• Normal day-to-day activities – these could include anything considered ‘normal’ in a person's normal daily routine (e.g. walking, driving, speaking, eating, washing, etc.)
If a person satisfies the above criteria, they will be classified as being disabled and will have automatic protection against discrimination, which means that they must not be treated unfavourably because of their disability. In addition, their employer would have a duty to make reasonable adjustments if they are likely to be placed at a substantial disadvantage when compared to non-disabled employees.
What amounts to ‘reasonable adjustments’ can have a wide interpretation and often depends on the individual circumstances. Below are some examples:• making adjustments to work premises;• allocating some of the employee’s duties to others;• transferring the employee to fill an existing suitable vacancy;• altering the employee’s hours of work;• allowing the employee to be absent during working hours for rehabilitation, assessment or treatment connected to their disability;• acquiring or modifying specialist equipment;• providing supervision or other support.
If someone who is disabled is being treated unfavourably because of their disability or their employer has failed to make reasonable adjustments it would potentially amount to disability discrimination.
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