What does the law say about dyslexia?

3-Oct-2007

The Disability Discrimination Act 1995 (DDA) prevents employers and service providers from discriminating against disabled persons.

The DDA extends not just to employees but to consultants, temporary contract workers and agency workers. In the recruitment context, both the agency supplying the individual to provide their services as a contract worker, and the client who receives the benefit of the services, are covered by the DDA and have to make sure they do not discriminate.

A person has a disability if he or she has 'a physical or mental impairment which has a substantial and long-term adverse effect on his or her ability to carry out normal day-to-day activities'.

It is already established that dyslexia can be a disability for the purposes of the DDA — the only question is the severity of the dyslexia in each individual case. If it is severe enough to affect the sufferer's ability to carry out 'normal day-to-day activities', then the sufferer will be protected by the legislation. If it is not, then they will not be protected.

In the case of Paterson v Commissioner of Police of the Metropolis (Metropolitan Police), Paterson had reached a senior level in the police service before being diagnosed with dyslexia in 2004. He brought a complaint that he had been discriminated against because of his dyslexia in the course of a promotion examination. Although the police service was aware of his dyslexia, and allowed him extra time to complete the exam, he still felt that he was placed at a disadvantage compared to other candidates who did not suffer from dyslexia.

The tribunal agreed that the claimant's dyslexia had prevented him from being able to take promotion exams without assistance. It went on, however, to consider whether Paterson's dyslexia amounted to a disability within the meaning of the DDA. To do so, it had to consider whether it had a substantial and long-term effect on his ability to carry out his normal day-to-day activities. It found that taking exams for senior policemen was not a 'normal day-to-day activity'.

The tribunal considered other areas of Mr Paterson's life that were affected by his dyslexia, and did not accept that it had more than a 'minor or trivial' impact on his day-to-day activities, and gave an example of difficulties reading labels on goods in shops. Accordingly, his claim failed.

The Employment Appeal Tribunal reversed this finding. It said that employers should interpret 'normal day-to-day activities' widely and include activities which are relevant to participation in professional life, and not just more mundane 'daily' tasks such as shopping, cooking and cleaning.

The judgement means that employers will need to take a wider and more inclusive view of disabilities, and not get caught up in technical arguments over the effect of the condition on the individual's abilities to carry out a limited range of given 'day-to-day' activities.

Just because someone can make a cup of tea, they may still be disabled if their condition means they find certain aspects of their job more difficult than others without that condition.


CANDIDATES AND DYSLEXIA

The following sets out areas to consider when dealing with dyslexic candidates:

• CV: don't be too quick to dismiss a CV or a reply to an advert if it contains errors.
• Application form: ask if the candidate needs any special help to attend an interview, take a written test or fill out forms.
• Written tests: ensure that candidates are aware that they can have extra time to complete a test and/or that any problems with reading and writing will be taken into account when marking. Also, offer use of a computer rather than requiring handwritten answers.
• End-user: discuss the needs of the job with the candidate, and find out what they will and will not be able to do. Be prepared to discuss with your client what adjustments can be made to help a dyslexic candidate succeed in the role.
  
  

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