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Bosses warned to treat dyslexic workers fairly

Employers who fail to take appropriate steps to tackle dyslexia in the workplace could risk facing legal action according to a new report by the Trades Union Congress. Emma Grossmith, an employment specialist with Pinsent Masons tells Lucy Trevelyan why...

A Trades Union Congress 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 and fall foul of the Disability Discrimination Act 1995. However, Emma Grossmith, an employment specialist with Pinsent Masons, says 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.

She says: “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.”

The TUC says the condition – often known as the "hidden disability" – impinges on up to 2.9m workers in the UK. The report, which is designed to educate union reps, employees and their bosses on how best to deal with the problems arising from dyslexia, 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.

The report brings to light the most frequent difficulties that dyslexics face at work which include: following written or spoken orders; coping with maps, charts and tables; writing memos, letters and reports; giving presentations and; scheduling work and meetings and keeping abreast of appointments.

The report offers advice on how working practices can be changed to make the most of the capabilities of employees with dyslexia. While dyslexic people may have trouble with some areas of their work, they are apt to have strong points in other areas and changing working practices can help both the employee and the company benefit.

A one size fits all approach is not the answer, says the TUC, which calls for employers to grasp the full range of difficulties dyslexic workers face, provide relevant training and amend documents or instructions to make them simpler to read or understand.

Commenting on the report, TUC General Secretary Brendan Barber says: "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."

Grossmith says: “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."

(25/01/05)

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Legislative annotations in other services:-
Disability Discrimination Act 1995.