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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50148
Experience:  Qualified Employment Solicitor
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Here is the second question i mentioned. I asked them

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Here is the second question i mentioned. I asked them specifically do the consider me disabled or not and below is the response i got which makes no sence to me at all. As Dyslexia is classed as a Disability under the act and do not see what the Defendents can say if they think it is or is not or am i missing the point?
"The X accepts that you suffer from dyslexia: however the X has not conceded that your dyslexia amounts to a disability for the purposes of this litigation and pursuant to section 6 of the Equality Act 2010. This is why the Tribunal ordered you to provide a disability impact statement and accordingly why we have requested a witness statement at (b) above. Once we have this, we will take the X's instructions on whether or not to concede that your dyslexia amounted to a disability, at the material time, for the purposes of this litigation"

Hi there, dyslexia is not a condition which automatically amounts to a disability. So whilst dyslexic sufferers could be classified as being disabled, that would depend on the severity of their dyslexia and how it affects their daily lives. So different levels of dyslexia and different effects on the person will affect whether their particular situations means they are disabled or not. So in this case they are saying that they agree you have dyslexia, but that it is not serious enough or simply does not meet all the criteria to make it into a disability. In the end, the tribunal will decide if you meet the criteria to be classified as suffering from a disability, but the ley is that having dyslexia does not automatically make you disabled.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

Customer: replied 1 year ago.


So I presume the fact that they have given me reasonable adjustments and even after the interview in question for the last 20 years. along with admitance that i have a yearly disability review is in my favour as the way i see it while it was not a problem they were quite happy classing me as disabled but then as soon as there is an issue they are not sure?

an employer can be cautious about how they treat someone with a potential disability. So even if you are not officially disabled they could have done all they have done. Whether you are actually disabled or not is not their decision - this depends on satisfying the legal criteria of a disability, regardless of what the employer thinks or has done. Hope this clarifies?

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