Growing up, it was a weekly occurrence for me to proof read my sister’s homework and essays, even in her GCSE years and during her degree. She isn’t my younger sister; she is in fact almost three years older than me but suffers with dyslexia. Even now that we are in our thirties and she has children of her own to teach, she often telephones me for help with spellings when she wants to ensure accuracy. So when I heard that the employment tribunals have accepted dyslexia as a disability under the Equality Act 2010 (‘the Act’), I was not surprised. My sister on the other hand, was shocked and almost seemed offended.

To my sister, dyslexia has just become something she has to deal with day in and day out. She is not alone, and particularly within our generation, those affected may not have been diagnosed, or even accepted and supported at school. My sister certainly was made to feel that she was not as bright as her peers, but employers need to be aware. The lack of openness and acceptance that shrouds the history of this condition, makes it all the more difficult for employers to identify and assist.

Starbucks was recently at the sharp end of the Tribunal, when an employee proved that she has been discriminated against because of the errors made as a result of her dyslexia. Following the errors, Starbucks removed some duties from the employee and told her to retrain. She told the tribunal that this left her ‘feeling suicidal’ – Starbucks are now awaiting judgment on the unlimited compensation to be awarded.

It is not a condition that will always fall within the scope of the Act, but provided that an individual can show that dyslexia has an adverse impact on their ability to carry out day to day activities, they are likely to be considered disabled for this purpose. Once classed as disabled under the Act, employers are obliged to make reasonable adjustments for that employee, to assist them in performing their duties.

In order to minimise the risk to you as an employer, you should consider the following:

• Encourage open dialogue with all employees. You will not always know if an employee is dyslexic particularly as those not formally diagnosed, often do not declare it. However, if they feel that they can speak freely with their manager about all problems, they are more likely to raise difficulties caused by dyslexia as and when they arise.
• Be aware that dyslexic employees may have a disability under the Act, and may therefore have a legal right to reasonable adjustments. Always assume that this is required and work with employees to understand how you can support them.
• Along with the obligation to make reasonable adjustments as an employer, you could also be at risk of your staff causing harassment claims, as a result of inappropriate behaviour (including comments) toward those with dyslexia. Consider providing training to the whole workforce.
• Seek advice and support from organisations such as the British Dyslexia Association if you are concerned.