Out-Law / Your Daily Need-To-Know

Employers risk legal action by not tackling dyslexia in the workplace, according to a new report from the Trades Union Congress which says the condition, often known as the "hidden disability", affects up to 2.9 million workers in the UK.

The TUC's report, Dyslexia in the Workplace, warns that managers who do not appreciate the link between dyslexia and common performance problems can often judge dyslexic employees unfairly. It also reveals that many people with dyslexia are unaware of their condition and are likely to be anxious, frustrated and suffer from low self-esteem at work.

Published yesterday, the report is aimed at informing union reps, employees and their bosses how to tackle the difficulties of dyslexia. The report highlights the most common problems that dyslexics suffer at work which include the following:

  • following written or spoken instructions
  • dealing with maps, charts and tables
  • writing memos, letters and reports
  • giving presentations
  • scheduling work and meetings and keeping track of appointments.

The TUC report offers advice on how working practices can be changed to maximise the potential of employees with dyslexia. While dyslexic people may have problems with certain aspects of their work, they are likely to have strengths in other areas and amending working practices can ensure that both the employee and the company benefit.

A one size fits all approach will not work and the TUC says employers must appreciate the full range of difficulties dyslexic workers encounter, provide relevant training and modify documents or instructions to make them easier to read or understand.

Commenting on the report, TUC General Secretary Brendan Barber said:

"Almost three million workers suffer from dyslexia and many may be suffering in silence or unaware of their problem. The Disability Discrimination Act has gone some way towards breaking down certain taboos around disability at work and has helped many workers get the help and support they need. However many others have perfected the art of masking their problems, which can cause them unnecessary stress and lead to poor productivity.

"Workers with dyslexia need to know that the law is on their side and that there is support available to them. This new report equips union reps with the information they need to make sure that bosses are fulfilling their legal duties. However, it is not just about trying to catch bosses out and the report will help employers take any necessary steps to make their workplaces more tolerant and flexible."

Emma Grossmith, an employment specialist with Pinsent Masons, the law firm behind OUT-LAW.COM, commented:

"Not everyone who suffers from dyslexia will be protected by the Disability Discrimination Act, since not all dyslexia will fall within the Act's definition of a disability. Indeed, even if the employee is 'disabled' under the Act, the employer could still take steps against him if they can justify that treatment or if they have done everything they reasonably can to help the employee, but find that he is just not up to the job. Nonetheless, the TUC is right in saying that employers ought to treat dyslexic employees fairly and its report should help raise awareness of the steps employers can take to assist dyslexic employees, particularly if they want to avoid unfair dismissal claims."

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