Module 14 – Dyslexia and the Law
Dyslexia and the Law
Estimated Time: 40 minutes
Student Objectives:
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To understand why and when dyslexia can be classed as a disability;
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To learn how the law protects disabled people;
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To learn about different UK laws dedicated to protecting dyslexic people;
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To understand how these laws apply at work and at school;
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To learn about the best practices to follow in the event of discrimination.
14.1 Introduction
This means that 10% of Britain’s workers and students will need to deal with their dyslexia when they arrive at work or school.
To help accommodate dyslexics across Britain, the UK Government decided to include severe dyslexia on its list of disabilities that has legal protection. In this module, you will learn why and when dyslexia is classed as a disability according to the government. You will also learn about how various UK laws protect dyslexic people and how they apply to employers and schools. Finally, you will learn about the processes that are prescribed for those who believe that they have been the victim of discrimination.
14.2 Understanding Dyslexia as a Disability
In this case, the government defines “substantial’ as being something that is more than trivial.
Under UK law, dyslexia is classified as a disability because of the difficulties that dyslexic people face in carrying out everyday communication and because of the difficulties that they face when dealing with the stress that can come with their condition. According to the government, both of these aspects are considered to be a part of the disability and must be considered.
As dyslexia is considered to be a disability, people who have it are protected by the government with legislation concerning disability rights. These rights are outlined to protect disabled people from discrimination in education, at work and by the police. Disability rights can be found in several pieces of UK legislation that will be outlined in the following sections:
14.3 The Disability Discrimination Act 1995
This definition was outlined in the Disability Act 1995 which also specifically highlights dyslexia as a disability.
According to the act, dyslexia is covered because it affects a person’s ability to concentrate, learn, understand or remember. However, mild to moderate dyslexia might not be covered under the act, unless it presents serious issues for an individual in the long term. As a result, it is often only severe forms of dyslexia that are covered under the Disability Act. The requirements for severe and long-term negative effects should be considered in these cases.
The Disability Act is concerned with preventing discrimination at work. The law states that an employer may not act in a discriminatory manner when recruiting employees. They must also avoid these practices when transferring or promoting employees internally. Reasonable requests can be made during training and development to support disabled people. The law also stipulates that employers must also not fire employees based on their disability.
However, not all discrimination is banned. The Disability Act allows employers to engage in what is deemed ‘reasonable discrimination’. Reasonable discrimination is allowed when it is impossible for a disabled employee to complete a job. For example, the Act allows employers at a trucking firm to discriminate against blind people because a blind person is not allowed to drive a truck.
Reasonable discrimination can also be used in cases where a candidate has severe dyslexia and is applying for a role that would rely heavily on their reading skills.
For example
If a person who is dyslexic and struggles with numbers applies to be an accountant, it is reasonable for the employer to deny their application because they could not reasonably do the job under any circumstances. The same situation could occur if someone with dyslexia is applying for an editing job at a publishing firm. As the successful candidate would be required to carefully read texts as their primary job role, dyslexics would struggle to complete this job effectively under any circumstances.
The Disability Discrimination Act 1995 was repealed in 2010 for England, Wales, and Scotland. However, the Act still applies in Northern Ireland.
England, Wales, and Scotland now look to the Equality Act 2010 for guidance on disabilities and discrimination.
14.4 The Equality Act 2010
The goal of the Act was to eliminate the number of complicated Acts that had been previously passed and, instead, created an easy to follow guide to UK law on discrimination in a single act.
Thus, the Equality Act prevents discrimination against anyone based on:
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Disability
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Age
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Sex
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Sexual orientation
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Race
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Religion
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Being transsexual
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Pregnancy or being a new mother
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Being married
The Act has several specific employment exemptions including:
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Ministers of religion
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Actors and models
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Special programmes for employee training
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Employment that might feature cultural sensitivities
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Cases whereby safety might be compromised
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Political parties with shortlists featuring only women or only gay people
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Support staff in embassies with diplomatic immunity
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Positions in which national security could be compromised
One of the ways in which the law protects people with disabilities is by considering them to be legally disabled. Prior to this act, certain disabilities would not be formally recognised, and it was harder to be protected from discrimination based on disabilities.
The law also helps protect people from what is called ‘indirect discrimination’. Indirect discrimination is where a rule, practice or policy is applied across the board, but it inadvertently puts people with dyslexia at a disadvantage. However, this does not apply if the employer is able to justify the policy or rule.
The law also makes it easier for people who believe they have been discriminated against to make a claim. It is possible for people with dyslexia to make claims suggesting ‘unlawful discrimination’, if they are treated badly or unfavourably, based on a disability or something that is the result of the disability. It only counts as discrimination if it cannot be justified by the employer.
Under the new law, employers are not allowed to ask questions about a candidate’s disability before presenting a job offer or putting candidates in a pool. However, there are exceptions to this rule, providing that the employer has a good reason.
The Act also stipulates that people who are at a substantial disadvantage due to their disability must be accommodated within reason at work. The law also says that the disabled person cannot be asked to pay for the adjustments. This is called making reasonable adjustments, and it will be outlined later.
14.5 The Public Sector Equality Duty 2011
The Duty was designed to encourage positive decision-making. It was also designed to highlight how decisions made at work affect different people.
The 2011 Duty replaced the previous three duties which covered disability, gender and race. It combined them into one law alongside age, gender reassignment, maternity and pregnancy, religion, sex and sexual orientation. The Duty also applies to civil partnerships and marriages.
The goal of the Duty is to eliminate discrimination that is deemed to be unlawful, advance opportunities for equality in the UK, and promote good relationships between people who have differences.
In practice, the Duty makes sure that public organisations make decisions based on the needs of everyone involved. For example, a university might choose to add new parking spaces for students who are disabled and cannot take public transport. Other students may also need a parking space, but, because the disabled students cannot take the bus or train, they would suffer more without the spaces. Thus, it is lawful to create parking spaces just for disabled students.
The Duty does not mean that equality needs to be considered where it is not relevant; nor does it mean that public bodies need to act disproportionately in favour of equality. It only means that they need to consider the needs of everyone involved, to make sure that no one on the protected list is actively or inadvertently being discriminated against.
14.6 Dyslexia in Higher Education
Universities must provide reasonable modifications for dyslexic students during exams and assignments. However, students should register themselves as being disabled with the university or college’s disability office.
Discrimination law in the UK also provides for the Disabled Student’s Allowance. This applies to students who have been diagnosed with dyslexia before they arrive at university. Students can apply for the Disabled Student’s Allowance from the government, providing they have supportive evidence demonstrating their need.
This funding should be applied for at the same time as the student applies for student funding. However, it is better to apply as soon as possible because there are more steps to follow in order to receive this funding than there are to receive traditional funding.
14.7 Employment Law
Disclosing Dyslexia
Disclosing your dyslexia is not an obligation; in fact, in most cases, it is entirely up to the applicant as to whether or not to disclose it. As long as it does not severely interfere with their duties, in which case it is important to disclose it.
Dyslexia can be disclosed to employers at one of the following stages:
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On your CV or the job application
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During the phone call for the interview
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At the interview
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Upon the job offer
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During training or when the job starts
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When you are already in work
Making the decision to disclose dyslexia is a highly individual one. However, disclosure is required if an individual makes allegations of discrimination against an employer. An employer cannot be accused of discrimination if the individual has not declared their disability. Thus, in some cases, such as severe dyslexia, it can be beneficial for individuals to disclose their disability which provides them with legal protection against any potential discrimination.
14.8 Reasonable Adjustments at Work
Whilst employers may have to go out of their way to accommodate disabled people, these adjustments are dependent on several factors.
The maintenance of prescribed standards is important for determining whether an adjustment is reasonable. The costs of the adjustments, as well as the financial resources available to the organisation, are an important factor. Adjustments are considered to be more reasonable when there are grants or loans available to help fund them.
The practicality of the adjustment is considered, and the health and safety aspect of it is important. Organisations are also required to consider the effect that the adjustment will have on other employees. Finally, confidentiality regarding these adjustments is key, to protect the disabled person in question.
These guidelines are very broad; however, this is so that they can easily be read and applied by businesses of all sizes.
FACT
The Disability Discrimination Act (DDA) prohibits discrimination against disabled people in employment, including those who are dyslexic. Employers must make reasonable adjustment to their premises or employment arrangements.
Source: Beingdyslexic.co.uk
14.9 Dealing with Acts of Discrimination
Most employers and schools are reasonable and happy to help dyslexics achieve educational and professional goals, and happy to make reasonable modifications. However, making an act of discrimination illegal does not always prevent it from happening. Some people may not realise that they are acting in a discriminatory manner, or they might not understand what laws apply.
When discriminatory acts do happen, the first step is to take action within the institution itself. Most schools and employers already have in place a procedure for airing grievances or making complaints. The government recommends going through those procedures first or making an informal complaint within the organisation. These options are good for maintaining relationships and trust in organisations.
If the problem cannot be solved informally, or through the internal processes, it is permissible to involve outside parties like external arbitrators. An arbitrator can help two parties to solve issues and resolve their differences, and, because they are an outside party and therefore neutral, they are able to do so without the filing of formal complaints. Groups like the Advisory, Conciliation and Arbitration Service (ACAS) are able to help people resolve their complaints informally.
Tribunal
If someone feels that they are being discriminated against because of their disability, they can file a report or claim against their employer. This should be used as a final option and as a last resort, in the event that internal or arbitration processes are fruitless.
Claims can be filed by filling in an IT1 form which can be obtained from the Citizens Advice Bureau, benefits offices, job centres and other employment services. The form requires the claimant to fill in their details and describe the complaint in full. Claimants should also seek advice from the centre regarding which local Disability Rights Commission Tribunal Office the form should be sent to.
Once the form is completed and sent off, the relevant Tribunal Offices registers the case and notifies both the employer and the ACAS. The employer receives a copy of the complaint form and then has 21 days to reply to the complaint. At this point, the relevant Tribunal Office arranges a hearing.
The tribunal process is a long one, and it can stretch out for months. During the hearing process, the tribunal, which is made up of a three-person panel, considers the case and delivers an outcome. The tribunal may be named the Disability Rights Commission Tribunal; however, they are not biased towards ruling in favour of disabled people. The tribunal considers equally both sides of the issue before determining whether or not the complaint was the result of a discriminatory act.
Dyslexic employees are recommended to seek representation, if they wish to take legal action against their employer. An Employment Tribunal is a serious legal matter and requires legal knowledge to navigate it. Furthermore, dyslexic claimants may already be at a disadvantage due to their disability. Therefore, a barrister helps the claimant to provide the best possible case.
Timeline for Complaints
Under the Equality Act, proceedings in employment discrimination cases must begin within three months of the initial discriminatory act and not the reporting of the act. This prevents people from filing claims regarding events that occurred in the distant past.
If there is no distinct time frame available, the tribunal may afford the case flexibility and thus extend the three month period. However, this flexibility is granted on a case-by-case basis and claimants cannot rely on this.
Thus, if you or someone you know is the subject of a discriminatory act, it is best to begin the informal complaints procedure, through an outside party or by filing a claim, as soon as possible.
Assignment
Dyslexia and the Law
Time: 15+ minutes
Work your way through this worksheet to see how well you have really done in absorbing the relevant information.
Download the worksheet below, print out and complete.
Conclusion
Thanks to a series of laws and regulations in the UK, people with dyslexia are protected from discrimination at work, at school, and by the police. Whilst the laws do not provide protection in all circumstances, they do provide a substantial amount of guidance for both organisations and individuals.
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