14.1 Introduction
It is believed that approximately
10% of all British citizens fall somewhere on the dyslexic scale.
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
According to UK law, a person is
defined as being disabled when they have a mental, physical or sensory
impairment that has both long-term and substantial adverse effects on their
ability to participate in normal, everyday activities.
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
As previously noted, the UK
Government considers a disability to be a mental or physical impairment that
has serious effects on someone's ability to participate in day-to-day
activities in the long term.
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 Equality Act was passed by
the UK Parliament in It was passed with the European Union's Equal Treatment
Directives in mind.
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:
-Disability
Age
-Sex
-Sexual orientation Race
-Religion
-Being transsexual
-Being married
The Act has several specific
employment exemptions including:
-Ministers of religion Actors and models
-Special programmes for employee training
-Employment that might feature cultural sensitivities Cases whereby safety might be compromised
-Political parties with shortlists featuring
only women or only gay people Support
staff in embassies with diplomatic immunity
-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 Public Sector Equality Duty
2011 is a law passed by the UK Parliament that applies to public bodies and
organisations that carry out public functions.
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
Those who have dyslexia and want
to enter higher education cannot be discriminated against.
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:
-On your CV or the job application
-During the phone call for the interview
- At the interview
-Upon the job offer
-During training or when the job starts
-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
Under UK law, employers and
schools are required to make reasonable adjustments for disabled employees in
the workplace.
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
UK law forbids employers or
schools to discriminate against people based on a disability.
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.
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