Dyslexia: an issue in the staffroom, not just the classroom

A recent Employment Tribunal case highlights the need for schools to be aware of the possible duty to make reasonable adjustments for dyslexic staff.

It has been reported that Starbucks has recently lost a case in the Employment Tribunal concerning a shift supervisor with dyslexia. She was accused of falsifying fridge and water temperatures in the duty roster and subjected to a disciplinary procedure. The disciplinary officer asked that the employee present a certificate to prove her dyslexia. After failing to present such a certificate, the employee received a written warning.

The tribunal found that the disciplinary procedure and sanction were discrimination arising from the employee's disability. It also found that Starbucks' failure to provide the employee with typed versions of disciplinary notes was a breach of its duty to make reasonable adjustments.

The Equality Act 2010 (the Act) defines a disability as an impairment which has a substantial and long-term adverse effect on a person's ability to carry out normal day-to-day activities. A particular condition like dyslexia will not always be found to be a disability. This will depend upon the impact of the condition on the person concerned.

This is a first instance judgment and so is not binding authority. However, it highlights the fact that dyslexia may, in some cases, be judged to be a disability for the purposes of the Act.

February 2016