Legal FAQs
For Dyslexic Employees in the UK
How am I protected at work?
For those who are employed, the government has implemented several measures to protect them in the workplace and ensure they can work on equal terms with non-disabled employees. If you are diagnosed with dyslexia, it’s important to contact your employer and discuss any symptoms and difficulties you experience both at home and at work.
Employers have a legal obligation to ensure that employees or job candidates with disabilities are not discriminated against or put at a substantial disadvantage during their work or in facilitation processes such as job interviews or meetings. You can discuss with your employer what reasonable adjustments may be necessary to support you in the workplace. If you experience unfair treatment due to your disability, you may have grounds to make a claim for disability discrimination. The Equality Act protects against various types of disability discrimination, including direct or indirect discrimination, failure to make reasonable adjustments, and discrimination arising from disability.
What if I don't know or understand my company's policy?
All company policies should be reviewed and explained to employees through relevant training or coaching, which fosters understanding and imparts knowledge rather than creating stressful situations when reading them. Several organisations in the UK offer assessments for companies that wish to adapt their workplaces, offices, and equipment to accommodate the needs of dyslexic employees. These organisations, such as the Dyslexia Association, can enhance your efficiency, confidence, and performance by organising training to improve:
- Oral and comprehension skills
- Memory and concentration activities
- Reading and writing skills
- Accuracy and efficiency
- Perception and orientation
- Emotional control, work attitudes, and interpersonal interactions
What if my dyslexia has not been medically confirmed with my employer?
If your dyslexia has not been medically confirmed with the employer, the company is then required to seek the services of Occupational Health where you will be assessed and recommendations will be given to your employer through a final report.
As a dyslexic individual, can I receive financial support?
A person with dyslexia may receive financial support in the form of benefits from the Department of Work and Pensions, known as Personal Independence Payment (PIP) or Adult Disability Payment. You may qualify if you need assistance with tasks such as food preparation, managing therapy costs, or monitoring health conditions, which may include difficulties with reading, writing, and understanding signs. This additional financial support helps to cover daily living expenses, especially during employment. Applicants do not need to disclose their income.
Personal Independence Payment is intended for individuals with long-term physical or mental health conditions, disabilities, or difficulties with everyday tasks. Adult Disability Payment similarly supports individuals with disabilities or conditions that significantly impact their daily lives.
What is an exceptional circumstances request?
After discussing your medical condition with the HR department, you can request exceptional circumstances where, under the Equality Act 2010, the employer is obligated to discuss and implement necessary adjustments to enable you to perform your work to the best of your ability within the limits imposed by your dyslexia. This ensures you have taken all necessary steps to inform your employer of your medical condition, reducing the risk of potential discrimination.
Once a formal request for reasonable adjustments is made, the employer is legally required under the Equality Act 2010 to comply with it. If you choose not to disclose your disability to your employer for any reason, it’s important to remember that ignorance of the law is not a defence.
What does reasonable adjustments look like?
The company will provide you with changes called reasonable adjustments. Employers have an anticipatory duty to adapt the workplace to your needs to ensure you can fulfil your tasks. Reasonable adjustments may take various forms of transformations and improvements.
Firstly, having supportive and trustworthy colleagues who can proofread documents, identify mistakes, and assist in resolving them. Team meetings where instructions or company changes can be verbally explained instead of being presented in writing. The company may also create recordings and promote the use of digital devices rather than relying on paper documents for reading.
Understanding that some dyslexic employees may need more time than others to complete tasks can lead to positive changes for the entire company, reducing stress and anxiety among all employees.
How can I ensure the help is being implemented?
You may wish to discuss with your employer on putting in place a documentation known as “Record of Conversation”, which then can be substantiated as proof of reasonable adjustments in progress of being implemented, but in the same time your employer’s genuine commitment to give you the support you need to perform at best of your abilities.
What if required support is not implemented?
In a worst-case scenario, if you believe the necessary support from your organisation has not been implemented, you have the right to seek further legal advice through services such as Citizens Advice, a trade union, pro bono legal advice, ACAS, or an employment law solicitor. Under the Equality Act 2010, Section 15(1), as long as you have informed your employer about your dyslexia and have documented your formal requests, you may have grounds for a claim against the company. For instance, ACAS offers mediation between you and your employer, known as ‘Alternative Dispute Resolution,’ which is encouraged before pursuing any claims in an Employment Tribunal.
What other government protections should I be aware of?
Dyslexia does not mean individuals are left alone with their challenges. There are several statutes dyslexic individuals can rely on.
The Equality Act protects people from discrimination in society and workplaces. It outlines the rights of disabled individuals and provides guidance on combating discrimination. Those who experience discrimination can file complaints, use mediation, or make claims in court or an employment tribunal.
The Employment Rights Act 1996 sets out specific duties that employers must fulfil toward employees with disabilities. Key responsibilities include ensuring the well-being of employees, fostering trust and cooperation between employer and employee. The Act mandates that employers provide a safe system of work, methods understood by all employees, protective clothing, relevant training, and effective supervision. Employers are also required to take reasonable steps to ensure employees are competent and maintain a positive attitude toward their work and disabled colleagues.
It’s also worth mentioning the Human Rights Act 1998, which protects everyone and guarantees fundamental rights and freedoms, including the right to live in a peaceful environment. The Act asserts that everyone is entitled to these rights without discrimination of any kind. Human rights and freedoms are detailed in various articles, with Article 14 specifically addressing discrimination. The Act promotes equality and safeguards freedoms such as freedom of expression (Article 10) and prohibits abuse of rights (Article 17).
What does discrimination look like?
If you are an employee with dyslexia, it is important to inform your employer promptly about your condition, as it is their duty to adapt the workplace to accommodate your needs. This fosters an environment of equality and support. These adaptations are known as reasonable adjustments. If a company, despite being aware of your disability, fails to implement reasonable adjustments, it may be seen as discriminating against individuals with dyslexia.
Under the Equality Act 2010, the duty of reasonable adjustments encompasses three main requirements:
1. Ensuring that disabled individuals are supported to work and perform tasks as effectively as non-disabled individuals.
2. Modifying provisions, criteria, and practices to facilitate better understanding.
3. Adapting equipment to enable disabled individuals to work on an equal basis with others.
Failure to meet these three requirements of reasonable adjustments could lead to the company being recognized as discriminating against individuals with disabilities. Discrimination, harassment, and victimization are prohibited behaviors in workplaces.
What does documenting suspected work sabotage mean?
This means that you can have a daily diary where you document as best as you can through colour coding or schematics, whichever means you find helpful to document the behaviour which can be seen either indirect or direct discriminatory behaviour, which fall under the Equality Act 2010.
What can I do if I suspect my employer is using my dyslexia/learning difficulty to sabotage my work ?
In such circumstances, it is crucial to be certain about any suspected interference by your employer with your work performance. If your suspicions are confirmed, ensure you document your findings with evidence, noting the time, date, and specific examples of such interference.
Once you have gathered the necessary information, approach a higher-level manager and then HR. Before escalating the matter legally, it is advisable to follow the company’s internal processes. Rest assured, under the Equality Act 2010, your employer is legally obliged to implement reasonable adjustments to support your daily work.
With HR, confirm whether you have disclosed your dyslexia. According to Section 15(1) of the Equality Act 2010, you must ensure your employer has formally acknowledged your disability, documented it, and kept it on record in your employment file. If this step has not been completed, it is advisable to promptly inform the HR department about your medical condition. You can then request exceptional circumstances where the employer is obligated under the Equality Act 2010 to discuss and implement necessary adjustments to enable you to perform your work to the best of your ability, within the limitations posed by your dyslexia.
What can I do if I think my employer is using me as a scapegoat?
Every employee is unique, so it’s advisable to seek support under the Equality Act 2010. This means your employer must adhere to company protocols. It’s crucial to disclose your disability to your employer as early as possible, even though it’s not legally required. Doing so reduces the risk of potential discrimination and ensures your employer focuses on your skills, experience, and performance rather than your disability. This approach prevents your disability from becoming a distraction that could affect your daily performance.
The process of implementing reasonable adjustments typically takes up to a maximum of 12 weeks. During this period, you may want to informally discuss with your employer how better practices can be accommodated.
I believe my employer is deliberately turning a blind eye or simply ignoring the possibility that they may need to take action in support of my dyslexia. What can I do?
If you feel that your employer is neglecting to provide you with necessary support, it is recommended to first seek assistance from the HR department. HR is obligated to maintain confidentiality, and you can request a formal hearing to address your concerns.
During these hearings, you have the right to be accompanied by a union representative (if applicable), who can effectively advocate for your case and articulate the reasonable adjustments you require. Alternatively, you may choose to have a supportive work colleague accompany you to explain your needs.
With HR, verify whether you have disclosed your dyslexia. According to Section 15(1) of the Equality Act 2010, you must ensure that your employer has formally acknowledged your disability and documented it in your employment file.
If this step has not been completed, it is advisable to promptly inform the HR department about your medical condition.
What if my employer does not provide reasonable adjustments?
If your employer fails to provide reasonable adjustments without a valid explanation or delays implementing them, you should formally raise a grievance. Follow your company’s grievance procedure as outlined in the company handbook, submitting your grievance in writing. You’ll be invited to a formal hearing where you can be accompanied by a work colleague or union representative.
After the grievance process, you’ll receive an outcome that may uphold, partially uphold, or not uphold your grievance. The company must provide reasons for their decision and offer you the right to appeal.
If your employer struggles to implement adjustments, they may consider an occupational health assessment. If adjustments are still not made, you can appeal the decision to a higher authority within the company.
Consider whether a constructive dismissal claim is appropriate. Dyslexia qualifies as a disability under the Equality Act, allowing you to claim discrimination and failure to make reasonable adjustments if you resign due to discriminatory actions.
You can also explore mediation with your employer and seek legal advice to negotiate a settlement agreement if necessary. Ensure any agreement does not include restrictive covenants limiting your future employment.
If you leave due to constructive dismissal, you may be entitled to financial compensation based on your age and length of employment.
What are some mediations I can reach with my employer?
You can pursue mediation with your employer, supported by relevant legal acts and regulations.
The Health and Safety at Work Act 1974 requires employers to make reasonable adjustments in the workplace, ensuring safety and health for all employees. Health and Safety Regulations 1996 mandate consultation between employers and employees on new technologies and equipment affecting health and safety.
Under the Employment Rights Act 1996, Section 44 protects employees from detriment due to employer actions or failures to act.
Consider negotiating a settlement agreement with your employer before pursuing court action. Seek legal advice to ensure any agreement does not include restrictive covenants limiting future employment opportunities.
If you leave due to constructive dismissal, compensation may be available based on your age and length of employment:
– Under 22: 5 weeks’ pay per year worked.
– Between 22 and 41: 1 week’s pay per year worked.
– 41 or older: 5 weeks’ pay per full year worked.
Constructive dismissal cases require leaving the job immediately to avoid arguments of acceptance of employment conditions.
Should I seek constructive dismissal if my request for reasonable adjustment is not met?
Constructive dismissal is a form of unfair dismissal where an employee resigns due to irreparable breakdown in the working relationship or a serious breach of employment terms (also known as constructive unfair dismissal). To claim constructive dismissal, you typically need at least 2 years of service and must have exhausted all other options before resigning (often immediately). The claim can arise from a significant breach or a series of events. Constructive dismissal cases require a high threshold of proof, so it’s crucial to explore all alternatives before considering this route.
Start by discussing your needs with your line manager or HR department to explore potential support and reasonable adjustments. If the company cannot meet these adjustments, understand why and consider other suitable alternatives.