Dyslexia in the workplace - A TUC guide Third edition
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Dyslexia in the workplace A TUC guide Third edition
About the author. Brian Hagan has been a trade union member for more than 38 years and has worked as a senior personnel manager and head of management consultancy in the public and private sectors. Having qualified to teach adults with dyslexia at University College London in 1991, he now specialises in helping dyslexic employees and their employers identify workplace adjustments to mitigate the effects of dyslexia in the workplace, and in providing career advice, mentoring and training for adults with dyslexia and dyspraxia. Brian is happy to provide a free initial consultation to trade union members/representatives. His contact details are: Tel: 020 8348 7110 Email: bhdyslexia@yahoo.co.uk Web: www.dyslexiacareers.co.uk First written by Brian Hagan for the TUC in 2005, revised in spring 2008, and substantially updated and revised in 2013/4. The contributions of Dr Sylvia Moody, Katherine Kindersley, Melanie Jameson, David Edwards, Andy Fell and Margaret Malpas are gratefully acknowledged. This booklet has been published in accordance with British Dyslexia Association guidelines.
Contents.
Introduction4 Section Nine.
Agreeing a programme of
adjustments18
Part A.
Section Ten.
Section One.
Making workplace policies and
The role of the union 5
procedures more dyslexia-friendly 22
Section Two.
Dyslexia in the workplace: the issues 6
Part C.
Section Three.
Section Eleven.
Disclosure in the workplace:
The Equality Act 2010 26
a mentoring role for representatives 8
Section Twelve.
Case law and good practice in
Part B.
implementing reasonable adjustments
Section Four. (RAs)29
Gaining a working knowledge of
dyslexia and its major effects 11
Part D.
Section Five.
Section Thirteen.
Identifying whether an employee
Dyspraxia38
is dyslexic 13
Section Fouteeen.
Section Six.
Conclusion: promoting awareness 39
Getting a diagnostic assessment 14
Appendix.
Section Seven.
Further information 40
What is a workplace needs
assessment (WNA)? 16
Section Eight.
Arranging a workplace needs
assessment (WNA) 20
Dyslexia in the workplace 3Introduction.
I originally wrote this guide in 2005, Accordingly, whilst this edition continues
principally for trade union members to help foster a fuller understanding of
and their representatives. It was dyslexia and its effects on employees, it
revised in 2008 in light of the Disability also introduces a framework for adopting
Discrimination Act 2005, new case a more proactive approach through
law and personal experience of good negotiating policy guidelines to promote
practice. more dyslexia-friendly workplaces; it does
this alongside a recognition that in the
Much has changed since that revision more difficult labour market conditions
including: we face, this may not always be possible;
this guide also provides updated and
●● theintroduction of the Equality Act
detailed guidance on the hard business of
2010 (EA) which replaced previous anti-
supporting dyslexic members in practical
discrimination laws with a single Act;
and pragmatic ways.
●● asharpening focus on dyslexia at
work by major organisations including
trade unions and employers,
educationalists, government agencies,
and dyslexia charities including the British
Dyslexia Association (BDA) and Dyslexia
Action (DA);
●● thecontinuing development of good
practice in workplace assessment,
consultancy and training in my own
practice and that of colleagues.
4 Dyslexia in the workplacePart A. Section One.
The role of the union.
Union representatives need to be aware of In this guide we explain:
the full range of workplace problems and
●● thelegal framework for protecting
solutions related to dyslexia, and be able
dyslexic members from unfair and
to empathise with their dyslexic members.
discriminatory treatment, if consensus
They should focus on communicating to
and negotiations fail;
colleagues and employers:
●● whatkind of working environment
1. That ‘reasonable adjustments’ and practices will be difficult for someone
(RAs) can frequently turn round with dyslexia;
apparently unsatisfactory
●● what kind of adjustments should
performance, and that government
be negotiated with the employer to put
funding under the Access to Work
this right.
Scheme (www.gov.uk/access-to-
work/overview) is usually available to
fund adjustments.
2. That the very real psychological
and social reasons behind some
dyslexic employees’ apparently
‘difficult’ behaviour are frequently
the result of many years of harsh
criticism and discrimination. For
many dyslexic employees the
recognition that they are dyslexic
is the first step on the road to
reclaiming their lives.
Dyslexia in the workplace 5Part A. Section Two.
Dyslexia in the
workplace: the issues.
The British Dyslexia Association (BDA) In addition, whilst a professionally
estimates that between four and ten per conducted ‘workplace needs assessment’
cent of the population is dyslexic, with and recommended reasonable
four per cent of the population seriously adjustments can mitigate many of these
affected and six per cent experiencing difficulties, large numbers of dyslexic
less serious difficulties – a figure employees remain undiagnosed. Even
supported by the government’s own with a diagnosis, many employees are
research. This means that up to 2.9 understandably reluctant to disclose their
million workers may be affected. disability and its impact in harsh labour
market conditions, or whilst employed in
All employers with the exception of an organisation which they fear will be
the Armed Forces are covered by the unsympathetic to their difficulties.
provisions of the Equality Act.
Over the last ten years many trade unions An overview of the major
and employers have developed a more issues that adversely affect
satisfactory understanding of dyslexia – dyslexic employees.
one that goes beyond earlier perceptions
of it being restricted to general literacy The British Dyslexia Association, the TUC
problems. Dyslexic difficulties frequently and many leading dyslexic practitioners
extend beyond literacy difficulties to have reported that:
include weaknesses in short-term
●● Many dyslexic employees experience
memory, information processing and
disciplinary and misconduct-led
perceptual, spatial and motor skills.
approaches for problems which are
disability-related.
These difficulties can singly, or in
combination, cause problems with ●● High levels of bullying, stress and
performance, organisation and time mental health problems arise from
management, which in turn can cause or misunderstanding and poor management
exacerbate mental health difficulties; this of dyslexia and dyspraxia at work.
latter link remains largely, and worryingly
unaddressed in the workplace.
6 Dyslexia in the workplace●● There is limited understanding of ●● The WERS study sought to determine
reasonable adjustments, and what whether the increasing policy focus on
does and doesn’t work, in workplace equality and diversity translated into
negotiations to resolve these issues. practice, by asking managers what they
did in terms of monitoring recruitment,
●● Whilst80 per cent of employees asked
selection and promotion according to
in a recent TUC national survey were
different employee characteristics; and
aware that some colleagues might be
reviewing recruitment, selection and
dyslexic, unions typically find out about
promotion procedures to identify indirect
related problems via disciplinaries and
discrimination. The vast majority of
grievances.
workplaces took none of these actions.
●● Individualsreport fear of disclosure
because of victimisation by the employer
or bullying by workmates.
Strategic approaches to resolving these
problems include the development of
approaches that enable unions and
their members to argue for a ‘whole-
organisation’ approach to dyslexia.
These should include jointly developed
policies and processes around:
●● assessment;
●● introducing reasonable adjustments;
●● recognising the difference between
dyslexia-related problems – which can
be addressed through RAs – and lack of
capability to perform a given job – which
may also be addressed but in different
ways.
Two telling points emerge from the
Workplace Employment Relations Study
(2011 WERS: pp34–35):
●● Britain’sworkforce is increasingly
diverse and legislation has sought to
help achieve equal opportunity at work.
While workplace policies have changed
to reflect this situation, practice on the
ground has changed little since 2004.
Dyslexia in the workplace 7Part A. Section Three.
Disclosure in the
workplace: a mentoring
role for representatives.
Another major difficulty for representatives Realistically, the process must be
is the fact that many employees are confidential to the representative and
anxious about revealing their dyslexia, and member, with no commitment to disclose.
this frequently means it is misunderstood They should discuss whether there are
as lack of capacity, commitment or dyslexia-related performance problems
carelessness, and managed punitively as and if so what is management’s position
a capacity or misconduct issue. on these. Where the member is coping
well, and receiving positive feedback
Addressing the challenge of reconciling and appraisal from managers, then
their members’ legitimate fears of disclosure is much less necessary than
disclosure, whilst ensuring they benefit if they are already receiving criticism
from the protection of the Equality Act about their performance. Whilst ignoring
(EA) and the benefits of RAs, remains a dyslexia-related performance problems
major challenge. is understandable, it can also be
dangerous. Without the specialist support
These developments should enable provided by reasonable adjustments,
representatives to provide a safe space difficulties will persist; indeed the stress
for members to discuss disclose, and caused by criticism will make them
make informed decisions. Discussion worse. This (all too frequent) scenario
needs to balance the need to control and frequently culminates in disciplinary
manage the process of obtaining RAs, processes where positions have become
and the other protections afforded by entrenched, and a belated disclosure of
the EA, with many dyslexic employees’ dyslexia is seen by many managers as an
understandable reluctance to disclose excuse for poor performance, rather than
their dyslexia. a legitimate request for RAs.
8 Dyslexia in the workplaceAs Margaret Malpas, Chair of the BDA Previous differences in determining
puts it, “There is a potential role for whether or not this duty applies appear
union officers to act as the local expert to have been definitively resolved by
on specific learning difficulties, and as DWP v Alam (UKEAT/0242/09/LA), and
advocate and mediator. This can produce Wilcox v Birmingham Cab Services
outstanding outcomes for both the (UKEAT/0293/10/DM) to the effect that:
individual and the organisation, reducing
conflict and substantially increasing “A party such as an employer will not be
productivity and team working”. subject to the duty to make reasonable
adjustments unless it either knows or
The BDA has provided accredited training ought to have known both (a) that the
for many learning representatives, so relevant disabled person is disabled
that they can help resolve issues of and also (b) that that disabled person
performance for those with dyslexia. was likely in the relevant circumstances
to be put at a substantial disadvantage
In addition, new statutory safeguards by that disability” (adapted from Lexis/
protect employees who disclose dyslexia. Nexis News, 29 June 2011, accessed
As the Acas Guide for Employers on the 12/04/13).
Equality Act 2010:6 advises:
We believe that these developments
“The Act includes a new argue for a more proactive role in
protection from discrimination supporting dyslexic members to enable
arising from disability. This representatives to:
states that it is discrimination
to treat a disabled person ●● promote and protect the rights of all
unfavourably because of members with dyslexia, including those
something connected with who have not previously felt able to
their disability (e.g. a tendency disclose their disability;
to make spelling mistakes ●● encourage effective assessment,
arising from dyslexia).”
training and working practices to remove
the substantial disadvantages that many
This type of discrimination is unlawful
dyslexic employees face in the workplace;
where the employer or other person
acting for the employer knows, or could ●● defend members subject to conduct
reasonably be expected to know, that the or capacity proceedings arising from
person has a disability. dyslexia; and
●● support members who are subject
to workplace harassment and bullying
arising from their dyslexia.
Dyslexia in the workplace 9In addition, Section 60 of the Equality Act
2010 outlines areas where an employer
may reasonably require information about
a disability – either at a job application
or promotion interview; it may well
be problematic for an employee who
withholds this information if asked, but
subsequently seeks to rely on the Act’s
other positive provisions. Representatives
therefore have a vital role in helping
dyslexic employees to make disclosure
decisions in a supported way, and with
a full knowledge of the pros and cons of
each choice.
We will now consider how union
representatives can assist dyslexic
employees to:
●● confirm whether or not they have
dyslexia, and, if so;
●● identify
whether workplace difficulties
might result from dyslexia;
●● understand and use the provisions
of the EA in relation to recruitment and
selection; everyday working practices;
performance assessment and promotion;
capacity and disciplinary hearings, and
the management of internal appeals and
employment tribunals.
10 Dyslexia in the workplacePart B. Section Four.
Gaining a working
knowledge of dyslexia
and its major effects.
From the outset we should note that the These dyslexic difficulties, if left
term ‘dyslexia’ covers a broader range of unaddressed, can lead to a wide variety
difficulties than simply poor literacy skills. of inefficiencies in the workplace. The
Leading expert Dr Sylvia Moody writes: problems most often reported by dyslexic
employees include:
“Dyslexia is often regarded
simply as a difficulty with ●● formulating
one’s own thoughts rapidly
reading and writing, but in enough to take part in discussions;
fact literacy difficulties are no ●● planning,
writing and structuring
more than surface symptoms
memos, letters and reports;
of weaknesses in short-term
memory and information ●● scheduling work and meeting deadlines;
processing, and in perceptual, ●● concentratingover prolonged periods
spatial and motor skills.
(one hour or more);
The literacy (and numeracy)
difficulties associated with ●● following
written and spoken instructions
these may be severe and when under pressure of time;
obvious, or they may be more ●● remembering and recording the content
subtle, manifesting themselves
of meetings, messages and telephone
in general slowness rather than
numbers;
inaccuracy in tasks involving
written English. Other surface ●● creating,
indexing and storing electronic
symptoms include difficulties and hard copy folders and files, and
in managing, organising accessing the information efficiently;
and recalling information, ●● dealing with maps, charts and tables;
and personal organisation
and timekeeping. These ●● finding one’s way in strange (and even
difficulties are made worse familiar) surroundings; and
when dyslexic employees ●● presenting written work or figures.
are put under pressure.”
Dyslexia in the workplace 11Usually these difficulties can be addressed These problems, though significant,
through reasonable adjustments, and are not insurmountable. Most dyslexic
dyslexic employees will normally be employees are not ‘stuck’, and many
entitled to such adjustments under the EA workplace difficulties can be overcome
2010. In addition, they will normally attract or reduced significantly through a
funding through the government’s Access combination of:
to Work scheme.
1. A diagnosis of dyslexia that
However, dyslexia also carries the risk outlines the employee’s strengths
of psychological and emotional injury – and difficulties.
by the time a dyslexic person reaches
2. A workplace needs assessment
adulthood they will probably have been
(WNA) with recommendations for
struggling for many years with difficulties
reasonable workplace adjustments.
that may never have been recognised
or understood. The original difficulties 3. Discussions with managers
are likely to be bound up with many that recognise that despite their
unpleasant emotions, including anger, difficulties, dyslexic employees
confusion, embarrassment, anxiety and have varying patterns of strengths
depression. Confidence and self-esteem in important skills areas including
may also be low, and research shows creativity; lateral thinking; problem
links between that and poor mental solving; visual and spatial thinking;
health, including increased levels of and the determination and ability
stress, anxiety and depression. for the hard work necessary to
overcome their difficulties.
It is therefore vital that representatives
explore issues around the possible mental
health effects of dyslexia sensitively and
in line with guidance in ‘Representing and
Supporting Members with Mental Health
Problems at Work’ (TUC, 2008 – see
appendix), since any programme of RAs
that recommends solutions for the skills-
related aspects of a member’s dyslexia,
without addressing interrelated mental
health issues such as depression and
stress, is unlikely to be successful.
12 Dyslexia in the workplacePart B. Section Five.
Identifying whether an
employee is dyslexic.
Conflict between undiagnosed dyslexic Provided clear objectives and timescales
employees and managers often arises are agreed, and project-managed into
over apparent poor performance or place, it is likely to improve performance,
conduct that is subsequently found to be and foster the understanding and trust
attributable to dyslexia. necessary for the dyslexic employee
to develop more effective coping
An assessment of dyslexia, and the mechanisms.
self-awareness this brings, coupled
with the implementation of reasonable The objectives of such a plan should
adjustments, can frequently solve include:
performance problems, and help
●● specialist
one-to-one training for the
employers recognise dyslexic employees
dyslexic employee in skills gaps identified
as competent workers with different
through the diagnostic assessment;
patterns of strengths and weaknesses.
●● the
use of specialist dyslexia support
An adult diagnostic assessment, and a software;
workplace needs assessment (WNA) are
●● dyslexia awareness training for all
vital steps in this process. An action plan
stakeholders, particularly those with
based on the WNA should provide the
direct line management responsibility for
basis for a new understanding between
dyslexic employees;
the manager and dyslexic employee,
negotiated and monitored with the ●● clear
and jointly produced dyslexia
assistance of the union and the HR aware task procedures.
department.
See sections 11 and 12 for more
detail on good practice on agreeing
and implementing the reasonable
adjustments.
Dyslexia in the workplace 13Part B. Section Six.
Obtaining a diagnostic
assessment.
If you suspect that dyslexia is behind ●● telling
the employer if a screening
a member’s workplace difficulties, you suggests dyslexia;
should consider guiding them using
●● explaining its significance in terms of
the simple screening tests for dyslexia,
the EA; and
available at www.bdadyslexia.org.uk.
These can give a preliminary indication ●● arranging
a diagnostic assessment as
of whether or not an employee might soon as possible.
be dyslexic. The results of screening
In discussions with employers,
tests are only indicative and are not a
representatives need to agree:
substitute for a full assessment. Since a
full dyslexia assessment may be stressful ●● Whohas responsibility for arranging
(and expensive), it makes sense to do and paying for assessments?
some preliminary research before asking
●● Whatwill happen where a dispute over
the employer to set one up. The employer
the need for such an assessment occurs?
is likely to have responsibility for arranging
and paying for the diagnostic assessment ●● Whathappens in the workplace while
report, and if they don’t they may be in assessments are pending?
breach of their duty to make reasonable
And ensure that assessments are
adjustments.
specified to include conclusions and
recommendations that:
If, after screening and discussion,
it seems that the employee may be ●● givea definitive diagnosis of whether
dyslexic, you should agree with them to the individual is dyslexic and the nature,
raise the issue with the employer at the scope and implications of their dyslexia;
earliest opportunity by:
●● state whether the person’s dyslexia is
likely to be a disability for the purposes of
the EA;
●● provide preliminary guidance on
reasonable adjustments and related
specialist training for the individual;
14 Dyslexia in the workplace●● addresshow assessments are to be
used and interpreted; and
●● confirmwho ultimately gets to see
and keep them – assessments should
be treated as confidential documents,
akin to medical reports. They should only
be available to the employee and their
representative, a senior line manager
and a designated HR liaison officer, to be
agreed on a case-by-case basis.
Information on ensuring the member
receives an assessment by a dyslexia
specialist is set out below – see the
appendix for resources for contacting
qualified assessors and trainers.
What to expect in a
diagnostic assessment.
Members may feel nervous about having
an assessment, perhaps worrying that
it will reveal something dreadful. Reps
should reassure them that the most likely
outcome is that the difficulties they have
been struggling with for a long time will
be recognised and explained in a written
report, and that they and their employer
will be given advice on how to manage
them.
If the diagnostic assessment indicates
dyslexia (or another and/or related
disability), this needs to be followed with
a workplace needs assessment; this
will look specifically at the employee’s
job, their dyslexia related difficulties, and
detailed ways of supporting the employee
through reasonable adjustments.
Dyslexia in the workplace 15Part B. Section Seven.
What is a workplace
needs assessment (WNA)?
A WNA should: ●● provideassistance with planning and
implementing the adjustments, e.g.
●● analyse
the employee’s diagnostic
phasing in skills training in a way which
assessment(s);
takes account of operational priorities;
●● analyse the employee’s job description/
●● provide detailed information on
role profile;
resources about dyslexia and associated
●● identify areas in the job description difficulties in the workplace, including
likely to be affected by the difficulties specific HR advice;
identified in the diagnostic assessment
●● provide detailed information on how to
through discussion with the client and
make a workplace dyslexia-friendly, e.g.
their line manager;
on ways in which training courses can be
●● identify
and prioritise performance delivered in a manner appropriate to the
problems and consider the role dyslexia learning styles of employees with dyslexic
and/or associated difficulties might play in and associated difficulties; and
causing these;
●● discuss the applicability of the Equality
●● recommend reasonable adjustments Act 2010.
to mitigate the employee’s difficulties and
improve overall work performance; This process enables those involved to
identify job and/or training requirements
●● recommend specific skills training and
that are likely to place the dyslexic
assistive technology training programmes,
individual at a substantial disadvantage
and make specific recommendations for
in relation to their peers (e.g. the
trainers who are experienced in working
requirement to read large quantities
with people with dyslexia and associated
of material to tight deadlines) and to
difficulties;
consider adjustments that will mitigate the
●● recommend other equipment and effects of this aspect of the employee’s
different ways of working that will have a dyslexia (e.g. specialist skills training
positive impact; coupled with text reading software).
16 Dyslexia in the workplaceThe assessor should then explore
potential adjustments with the dyslexic
employee, their manager, and a trade
union representative to determine:
●● the organisation’s and individual’s
priorities, in relation to dyslexia and job
performance; and
●● theorganisation’s and individual’s
impressions, understanding and
objectives in relation to these priorities.
Dyslexia in the workplace 17Part B. Section Eight.
Arranging a workplace
needs assessment (WNA).
There are two ways to arrange a WNA, The second way is to arrange the
each of which has advantages and WNA with a private organisation or
disadvantages. consultant who specialises in dyslexia-
related workplace needs assessments,
The first way is through the government’s writing comprehensive reports in a form
Access to Work (A2W) scheme. The acceptable to Access to Work, and
advantage of this route is that A2W will offering long-term expert support to
pay for the assessment. However: employees and employers. If you arrange
such a WNA privately, you can still
●● The
assessment may be carried out by
apply to Access to Work for the funding
someone who is not a dyslexia expert.
for the training or equipment that is
●● Even if the assessment is carried out by recommended.
such an expert, it may be limited in scope
to reporting only on those issues within If you do approach A2W or a private
the A2W funding regime. organisation or practitioner to get a
WNA, it is essential to check that they
●● Theassessor may not visit the
are qualified to offer this service, and that
workplace to discuss possible
they offer the comprehensive assessment
adjustments with relevant managers.
detailed above.
●● The assessor may not be able to
provide on-going consultancy including To this end, an assessor should, at a
assistance with planning, implementing minimum, hold a nationally recognised
and monitoring the recommended training qualification in dyslexia at Level 4 or
programme. above, and have significant experience
of applying this expertise with adults in
workplace environments.
18 Dyslexia in the workplaceWNAs need to give clear and expert Employees can be adversely affected by
advice. Reports that state, for example, such misunderstandings. For example
“these recommendations do not John, an engineer, still appeared to be
constitute reasonable adjustments”, performing unsatisfactorily even after
need further explanation and advice on the implementation of what he and his
the implications of such a statement. employer believed to be reasonable
Although it is only a tribunal that adjustments. This was highly damaging
can formally determine whether or to his employer’s perception of his
not an employer’s adjustments are subsequent performance, and damaged
reasonable in specific circumstances, his mental health and employment
the more comprehensive and expert the prospects. Extensive discussions were
recommendations in a WNA, the more needed to identify a more appropriate
likely they are to meet the tests tribunals programme of (ultimately successful)
will use to make determinations on adjustments, demonstrating the vital need
reasonableness. for union representatives to ensure a
WNA is comprehensive.
Non-expert reports do not always make
recommendations for a comprehensive The subsequent reasonable adjustments
training programme that takes account report should contain timed and costed
of the actual workplace situation; nor do recommendations that reflect the
they always advise on the training required input of stakeholders, and provide a
– training that can make all the difference phased and integrated delivery plan for
between a person keeping or losing a job; the adjustments. This plan must have
and training that can mark the difference management agreement and ownership
between the reasonable adjustment if the recommendations are to succeed.
standard being met or missed. Successful projects are best co-
ordinated by a manager, who ensures
An additional and particular concern is that the dyslexic employee and individuals
where the employer and employee believe supervising them are supported across
that an incomplete report sets out all agreed timescales with the agreed
available solutions – the employer will resources.
usually judge subsequent performance
based on this misunderstanding.
Dyslexia in the workplace 19Part B. Section Nine.
Agreeing a programme
of adjustments.
To be effective a programme of ●● organisation, planning and monitoring
adjustments should include: of work.
●● specialist one-to-one dyslexia skills As Andy Fell, an assistive technology
training, designed to help the dyslexic assessor, puts it:
employee work more effectively and
“The use of assistive
overcome common dyslexic problems
technology (AT) in the
such as organisation, planning,
workplace relies on a full
prioritisation and time management,
assessment of the individual’s
effective reading, literacy and business
needs combined with the needs
writing skills, and short-term memory
and systems of the organisation
problems;
they work for. Most importantly
●● skills
training programme generally for success, the organisation
phased over 30 hours, to develop needs to provide the dyslexic
generic competencies, as well as employee with sufficient
assist the development of job-specific training in AT, and time to
competencies. embed new working practices
and technology into their
Training in assistive technology will assist everyday working practices.”
the dyslexic employee gain proficiency
in specialist hardware and software, and AT consultant David Edwards summarises
subsequently use specific applications to the most important software and
improve performance in areas including: equipment for dyslexic employees as
follows:
●● speed and accuracy in reading
and writing; ●● Claroread or Texthelp advanced read-
back and text-proofing software – this
●● planning
and presenting written
offers significant gains in accuracy and
documents;
language learning and development;
●● recordingand recalling discussions
and decisions; and
20 Dyslexia in the workplace●● Digitalrecorder for recording meetings
and training programmes to allow the
dyslexic employee to focus on grasping
concepts rather than note-taking; this
can also be used for orally ‘jotting down’
reminders and ideas as they occur,
particularly during on-the-job training,
thus reducing the burden on short-term
memory. Recordings can be saved to a
computer and more easily transcribed
using Audio Note Taker software;
●● Dragon dictation software, which allows
the dyslexic employee to dictate directly
to Word and other packages, significantly
increasing speed and accuracy;
●● Mindmapping software packages,
such as Mindgenius or Inspiration, which
help dyslexic staff visualize ideas and
concepts; turn brainstorming sessions
into action plans; run meetings more
effectively; and create work-planning
structures including Gantt charts and
timelines;
●● A tablet/iPad that can run much of
the software above, and offers portable
functionality for time-management, note-
taking, reminders for deadlines and
appointments and creating to-do lists.
As a former accountant who struggled
in dyslexia-unfriendly workplaces, David
Edwards uses many of these products
to help him successfully manage his
business and domestic life.
Dyslexia in the workplace 21Part B. Section Ten.
Making workplace
policies and procedures
more dyslexia-friendly.
The union representative can use the Firstly, the achievement of job
dyslexia assessments alongside the competence relies on the acquisition of
provisions of the Equality Act as they knowledge and skills, and the supervised
apply to dyslexic employees, to inform or assessed practice of that knowledge
their work around recruitment, selection and skills in real or simulated situations, to
and induction; everyday working enable refinement of that practice through
practices; performance assessment and rehearsal or structured feedback from a
promotion; capacity and disciplinary competent trainer or supervisor.
hearings, and the conduct of internal
appeals and employment tribunals. If a dyslexic trainee experiences barriers
to acquiring knowledge or skills, such as
Theis section outlines how this might poor reading under time pressure and
work in relation to a number of key poor short-term memory, they are likely to
employer policies, systems and working fall behind when building the knowledge
practices. and skills base necessary to participate
fully in task performance and assessed
practice. This will usually be because they
The importance of effective will not have had the time necessary to
induction training for dyslexic read, comprehend and consolidate the
employees. information required to fully understand
subsequent assessments, training and
As a general principle reasonable discussions. This is particularly likely in
adjustments should be made at the an intense induction period. It is therefore
earliest possible stage of an individual’s vital for adjustments to nip this potential
employment, and be based on the needs area of substantial disadvantage in the
assessment process identified above. bud by providing assistance to the new
This is important for two main reasons: dyslexic employee to read, comprehend,
remember and consolidate induction
22 Dyslexia in the workplaceinformation more quickly and securely, the trainee to, for example, read more
through, for example, specialist tuition in effectively, take notes using a digital
reading and memory techniques, and by recorder, or work on developing coping
using searchable text readback software. strategies as part of a programme of
dyslexia skills training, have not been
Secondly, adjustments should be made made.
at the earliest possible stage of an
individual’s employment in order to reduce To break the potentially vicious cycle
the danger of colleagues making incorrect of ‘perceived inefficiency > reprimand
assumptions about the underlying > poorer employee performance and
reasons for perceived inefficiency among learning’ it is therefore vitally important
dyslexic employees. that adjustments are made for dyslexic
employees from the start of their
Fitzgibbon and O’Connor (2002) pages employment. This largely depends on
103–108, explain this process as one the employee having told the employer
where dyslexic employees who take that they are dyslexic, or on the employer
longer than the expected time to become having reason to infer that this is the case.
proficient in remembering or applying
newly taught knowledge or skills, come issues of disclosure have been discussed
to be seen as incompetent, lazy or poorly in more depth above, but the author has
motivated, and as a consequence of this consistently found that employees who
attract reprimands or negative feedback. take the initiative in trying to mitigate
Such circumstances can create a difficult their dyslexic difficulties are more
learning environment, where those who likely to perform effectively and avoid
would normally be providing support misunderstandings around capacity or
become less understanding and even discipline.
explicitly critical. They also reduce a
dyslexic employee’s learning efficiency
and confidence. A special word on
time management and
The author’s practice confirms this timekeeping problems.
process. He has consistently found that
if a trainer or supervisor explains a task Nothing seems to attract more
on several occasions, and a dyslexic management- and peer-irritation in
employee without coping strategies fails the workplace than the colleague
to pick it up, the supervisor is left with who produces work late, turns up late
two apparently plausible explanations: at the start of the working day, or is
lack of employee motivation, or lack of late for meetings. The link between
competence. Instead, the reality is often these problems and the dyslexic
that the adjustments necessary to enable employee’s generally poor organisation,
Dyslexia in the workplace 23time management, concept of time, A special word on dyslexia
processing speed and short-term memory and guidance developed in
is often lost in irritation at an apparent judicial settings.
lack of application or care.
Where employers’ systems place a
Often the employee cannot readily explain dyslexic employee at a substantial
why they or their work is late, and the disadvantage when compared to non-
problem is a frequent cause of disciplinary dyslexic peers, the EA requires the
action. employer to make RAs. This duty covers
the employer’s workplace policies,
Underlying reasons are more likely to processes and practices.
stem from the dyslexic employee:
The recent development of detailed
●● accepting work impossible to complete
guidelines on making RAs for people with
in given timescales, and lacking the
specific learning difficulties in legal or
assertiveness to renegotiate the timings
judicial settings, has been welcomed and
as a reasonable adjustment;
adopted by many involved in securing
●● becoming so absorbed in a task that all a better understanding of dyslexia, and
track of time is lost; better legal outcomes for them in ETs
and EATs. The guidelines also contain
●● stayingseveral hours past their finish
considerable good practice that is
time and taking TOIL but forgetting to
transferable to the workplace, particularly
communicate this in line with procedures;
where workplace terminology is replaced
●● poor organisation, meaning that work or substituted by legal terminology.
or materials taken home to complete
may be forgotten, or the employee has to I have adapted and illustrated some
return home to collect them, missing their ‘Crossover’ adjustments and good practice
usual transport. is adapted from the report below. The
full report is available at www.dyslexia-
This is not to say that dyslexic employees malvern.co.uk/goodpractice
should be exempt from their employer’s
operational requirements on time A. In relation to capacity and disciplinary
management and timekeeping. However processes, and formal assessment
where time management is a problem, and supervision, provision needs to be
the reasons for the employee’s difficulties made to address the difficulties dyslexic
need to be explored as part of a WNA; adults may have with memory difficulties;
if they are linked to dyslexia they can be communication difficulties; listening and
addressed through dyslexia skills training. speaking skills; sequencing factors;
24 Dyslexia in the workplaceliteracy issues and attention difficulties; The report also advises that:
and the adverse effects and impressions
“It would be considered
these may cause on a panel of managers
discriminatory for a counsel
who are unaware of the link between
conducting cross-examination
dyslexia and these difficulties.
to suddenly introduce a
B. It is important to ensure that, if subject or line of questioning
the dyslexic employee agrees, formal designed to confuse or entrap
adjudication panels are supplied with a a vulnerable witness” and
summary of any previous assessment that “There may be situations
detailing appropriate RAs. In a formal where the client’s lawyer or
process these RAs may include: representative will need to
intervene during an examination
●● helpwith filling in forms and
to protect their client from
reading documents, and locating
unreasonable treatment,
documents from bundles;
e.g. when the client is, due
●● not being asked to read aloud; to their disability, becoming
confused or distressed.”
●● beingasked short, single clause
questions;
These adjustments have relevance for
●● beingencouraged to take time in several formal workplace processes.
answering questions to provide a
thoughtful response;
●● notbeing pressed with repeated
questioning on the same topic;
●● beingallowed regular breaks during
the proceedings;
●● being allowed to take notes into
the interview or hearing, and having
the hearing recorded to mitigate the
substantial disadvantage caused by a
dyslexic employee’s poor memory.
in disciplinary hearings, it may well be
appropriate to provide a list of ‘cross
examination’ topics or questions in
advance, in order to give a dyslexic
employee the opportunity to prepare
their responses.
Dyslexia in the workplace 25Part C. Section Eleven.
The Equality Act 2010.
The Equality Act (EA) brings together for Who the law protects.
the first time all the legal requirements
on equality that the private, public and ●● The message (or purpose) of the
voluntary sectors need to follow, replacing Equality Act is that everyone has the right
all pre-existing equality law, including to be treated fairly at work.
the Disability Discrimination Act (1995).
●● It
protects people from discrimination
Most of the new law related to disability
on the basis of certain characteristics;
is based on previous legislation that has
these are known as protected
been streamlined.
characteristics.
The Act says that a person has a ●● All
employers and service providers
disability if they have a physical or have a responsibility to treat their
mental impairment that has a long-term employees (and service users) fairly.
and substantial adverse effect on their
●● For employers, the law generally still
ability to carry out normal day-to-day
applies to workers who are temporary, do
activities; here, ‘long-term’ means that the
not have written contracts of employment
impairment has lasted or is likely to last
or are recruited to other positions such
for at least 12 months, or for the rest of
as trainees, apprentices or business
the affected person’s life; and ‘substantial’
partners.
means more than minor or trivial.
●● The Equality Act 2010 also requires
Dyslexia has consistently been held in public authorities to consider equality in
case law and in practice to meet these all that they do. However, the government
definitions, and the EA confirms that it has reviewed the public sector equality
remains a disability for the purposes of duty, as part of its response to the ‘Red
the Act. Tape Challenge on Equalities’ and it is
unclear what further changes to the duty
The main provisions of the EA took effect will materialise.
from October 2010 and cover:
26 Dyslexia in the workplaceWhat the law protects What are reasonable
against. adjustments?
John Mackenzie (in Brunswick, 2012, Chapter 6 of the Statutory Code of
pages 181–82) explains that: Practice to the EA, Equality and Human
Rights Commission (EHRC) (2011)
●● Treating a person worse than someone
states that the duty to make reasonable
else because of a protected characteristic
adjustments is a cornerstone of the Act
is direct discrimination, e.g. where an
and requires employers to take positive
employee is sacked because they are
steps to ensure that disabled people can
dyslexic.
access and progress in employment. It
●● Putting in place a rule or way of explains that this goes beyond simply
doing things that has a worse impact on avoiding treating disabled workers
someone with a protected characteristic unfavourably, and can mean taking
than someone without one, when positive action.
this cannot be objectively justified, is
indirect discrimination, e.g. requiring all The duty to make reasonable adjustments
employees to clear their workload each applies to employers of all sizes, and to
day before leaving the office. prospective and ex-employers.
●● Treating a disabled person unfavourably
Chapter 6 of the Code of Practice
because of something connected
states that:
with their disability when this cannot
be justified is discrimination arising “Discrimination against
from disability, e.g. sacking a dyslexic a disabled person occurs
employee for reading or writing reports where an employer fails to
more slowly than their peers. comply with a duty to make
reasonable adjustments
He summarises actions that ‘may give rise imposed on them in relation
to liability’, which include: to that disabled person.”
●● dismissing or causing any other
This duty includes a requirement to
detriment;
take reasonable steps to:
●● failure to promote; and
1. “Avoid the substantial
●● failure to appoint to a position. disadvantage where a provision,
criterion or practice applied by or
The EA also requires employers to make
on behalf of the employer puts a
reasonable adjustments for disabled
disabled person at a substantial
people.
disadvantage compared to those
who are not disabled…”
Dyslexia in the workplace 272. “Provide an auxiliary aid ... where ●● the size of the organisation;
a disabled person would, but for the
●● the nature of the job;
provision of that auxiliary aid, be
put at a substantial disadvantage ●● the impact on health and safety;
compared to those who are not
●● the practicality of the adjustments;
disabled.”
●● cost, bearing in mind the size of the
Mackenzie (in Brunswick, 2012, page organisation, the resources it can access
183) makes two further points: and the nature of its work – this is less
likely to be a factor where Access to Work
3. “If the employee establishes that
assistance is provided;
there have been circumstances
which might if unexplained amount ●● thepotential for serious disruption to
to actionable discrimination, then the other colleagues.
onus falls on the employer to prove
that the circumstances were not Part 2 of the EHRC Code of Practice sets
actionable discrimination.” out guidance on avoiding discrimination
in recruitment, selection, promotion,
4. “There is no cap on the compensa-
disciplinary and other provisions and
tion that an employment tribunal may
practices, and this includes useful advice
award a claimant under the EA.”
on understanding workers’ needs,
explaining the need for RAs to colleagues
This should be balanced against the
(with the employee’ permission) and
fact that most tribunal awards are
ensuring “... that when conducting
modest; consensual solutions to
disciplinary and grievance procedures
supporting dyslexic employees make
they do not discriminate against a worker
good sense for the employee, the
because of a protected characteristic.”
business and industrial relations.
What is reasonable?
The requirements for reasonable
adjustments will differ from case to case.
In deciding what is reasonable, trade
union representatives, managers and their
dyslexia advisors will need to balance
whether the RAs have the potential to
significantly reduce the disadvantage
faced by the dyslexic employee, alongside
possibly conflicting factors such as:
28 Dyslexia in the workplacePart C. Section Twelve.
Case law and good practice
in implementing reasonable
adjustments (RAs).
We have seen above that RAs need to However, specialist assessment
be identified through an agreed process had identified Francis’s dyslexia as a
– a WNA – using external expertise, disability. Correspondence between
and that the trade union, employee and the union and employer showed that
company will all benefit from the objective managers could have, but failed, to
opportunity this provides to address make reasonable adjustments, which
dyslexic difficulties, improve performance would have produced performance
and enable the organisation to meet its improvements – instead they
EA responsibilities. dismissed him.
The union supported Francis in
On this and the following pages we will
taking their discriminatory action to
now explore how dyslexic difficulties have
an employment tribunal, and argued
been addressed in a cross-section of
strongly that the employer had failed
jobs and workplaces.
to meet their statutory responsibilities.
This led to the company:
●● withdrawing their tribunal defence of
• Case study 1.
the dismissal;
Combatting discrimination
against dyslexic employees. ●● paying significant damages to
Francis; and
In the case of Francis, managers
ignored the fact that perceived ●● providing a satisfactory reference.
problems with his performance were
directly attributable to dyslexia. They Equally importantly, the trade union
initially treated his clerical, spelling intervention helped restore a young
and filing errors as disciplinary and employee’s sense of worth. Francis
capacity issues. Even when Francis recognised that he was not to blame,
was identified as dyslexic, and Access and that many of his workplace
to Work support secured, managers problems would have been solved
chose to ignore expert advice. if the employer had followed good
Dyslexia in the workplace 29practice. He is now thriving, having were underway. (In fact Anne’s overall
moved to, and been promoted by, a ability, like that of many people with
more dyslexia-aware employer. dyslexia, was significantly higher than
her written work suggested, and was
above average.)
• Case study 2.
Anne’s work required her to
Favourable treatment
understand and follow several sets
for dyslexic workers.
of detailed procedures. This is
In Archibald v Fife Council (2004) IRLR precisely the sort of work that will
651 the court stated that the duty to cause difficulties to an unrecognised
make adjustments may require the dyslexic who has not received remedial
employer to treat a disabled person training, and who is operating in a
more favourably to remove the dyslexia-unaware environment. For
disadvantage which is attributable to example, Anne felt that when she
the disability. In relation to disability had problems with her work, detailed
discrimination, the EA protects disabled verbal instructions were not always
people, so it is not discrimination to clear or consistent. The absence of
treat a disabled person more favourably comprehensive written instructions
than a non-disabled person. made her difficulties in getting
guidance worse.
The Equality Act 2010 Code of Practice
(Chapter 12) outlines approaches to
Avoiding interruptions to the
positive action to improve equality
dyslexic employee’s work.
for people who share a protected
characteristic, and explains and Anne’s department had an ‘open door’
outlines the (legally optional) measures policy. Any internal client could ask for
to achieve these objectives. work in person at any time, whether
this interrupted ongoing work or not.
Such an approach is a major problem
• Case study 3. for staff with dyslexia. Where work
Making workplaces requires sustained concentration over
dyslexia-friendly. a significant period, it is important that
employers provide an environment that
Anne worked in the finance section
allows dyslexic employees to focus
of a multinational company and was
and concentrate without interruption.
managed by an experienced and
highly task-oriented supervisor. Her
The impact of avoidable
work was frequently criticised by her
workplace stress.
supervisor, as was her attitude and
timekeeping. Before her assessment If an organisation is dyslexia-unaware,
it had been suggested that she was problems between a task-oriented
‘slow’ and disciplinary proceedings manager and member of staff making
30 Dyslexia in the workplaceerrors may be seen as a conduct Consensual solutions make good
or capacity issue. Certainly Anne’s sense for business and industrial
performance deteriorated after her relations.
move from a section where she had
The time frequently wasted on
worked more effectively with a more
monitoring a dyslexic employee’s
informed and empathic supervisor.
‘poor’ performance, when redirected,
Some dyslexic employees have can bring excellent results for all
‘coping strategies’, that may cease involved, and Anne’s experience
to work in certain circumstances. demonstrates this.
It is usual for a dyslexic employee’s
work to deteriorate if, like Anne,
they are placed under undue stress • Case study 4.
or frequently given work with tight Tailoring adjustments for the
deadlines. individual employment tribunal.
It is important to remember that In Owen Brooking (claimant) v Essex
the effects of dyslexia may be Police Service (respondent), 2008 at
evident on some occasions but Stratford, the judgement, although not
not on others. Stress levels, task binding, contains important advice
demands and fatigue can all affect for employers and representatives on
dyslexic employees’ performance how they should identify, develop and
more significantly than they would implement reasonable adjustments for
other employees. The stress dyslexic employees.
present in difficult relations between
The claimant’s complaints were that
a task-oriented supervisor and a
during the time he was a probationary
dyslexic employee is likely to make
police officer with Essex Police they:
performance problems worse. This
was certainly the case with Anne. 1. discriminated against him on the
The more stressed she became grounds of his disability.
as a result of her supervisor’s
2. subjected him to disability-related
unsympathetic attitude, the more her
discrimination and harassment.
work deteriorated – and the more her
supervisor engaged in stress-inducing 3. failed to make reasonable
disciplinary responses. adjustments under DDA 1995.
Anne’s experiences illustrate how a The tribunal found that Essex Police
lack of awareness by an employer had subjected Mr Brooking to disability-
can lead to mistaken perceptions related discrimination and harassment,
of an employee’s performance. and failed to make reasonable
Expert assessment and intervention adjustments. It confirmed that:
can prevent discrimination and
inappropriate disciplinary action.
Dyslexia in the workplace 311. The respondents failed to appreciate This case confirms that reasonable
their duty to take the lead in making adjustments are primarily concerned
reasonable adjustments, what those with enabling the disabled person to
adjustments might involve, and that they remain in or return to work with the
needed to be tailored to the specific employer, and suggests that RAs must
difficulties which the claimant faced – be based on the identification of the
based on an individual assessment, substantial disadvantage faced by the
not a generalised assumption of what employee and how the recommended
dyslexia is and is not. adjustments will mitigate it.
(www.bailii.org accessed 14.04.2013)
2. This failure meant that the claimant
found himself having to defend his In some cases, proposed adjustments
performance, that there was little may not be RAs at all, or may be
understanding of his difficulties and insufficient to mitigate the subsantial
that this set up a negative dynamic disadvantage faced by the employee.
between him and his tutors that “Just because an employer has made
severely impeded his learning and some reasonable adjustments, this does
performance. not mean that they are exempted from
making further reasonable adjustments.”
3. The reasons why the few
Law at Work (LRD 2011: 156)
adjustments the employer had made
were inadequate was because they It follows that an expert diagnostic
did not deal with the substantial assessment and WNA minimises the
disadvantages suffered by the claimant risk of failing to identify disability-
throughout his training. related needs, and the adjustements
necessary to address them.
The tribunal drew on advice given
by Brian Hagan (author of this guide) Even where RAs have been properly
that “in order to break the potentially identified, some employers do not
vicious circle of perceived inefficiency engage fully with the process of
– of reprimand, poorer employee implementing them.
performance and learning – it is
I summarise a number of cases below,
important that dyslexic employees
where WNAs have been produced
receive adjustments from the start of
but not implemented effectively, and
their employment.”
outline the main reasons why. This
summary of good practice, should
assist representatives work with
• Case study 5.
empoyers to avoid these pitfalls.
Salford NHS Primary Care
Trust (appellant); Mrs A F
Smith (respondent). Appeal
No. UKEAT/0507/10/JOJ.
32 Dyslexia in the workplaceYou can also read
