Press release

Dyslexia held to be a disability in employment law

08-Aug-07
Partner and employment law specialist Robert Hill of Wycombe solicitors Reynolds Parry Jones is warning local employers that Dyslexia can now be classed as a disability as far as employment law is concerned. A recent landmark court case could have a major impact on local people who suffer from the condition and the organisations that employ them.

"The case involved a policeman, Chief Inspector David Paterson of the Metropolitan Police Force. CI Paterson had asked for 25 per cent more time when sitting promotion exams because of his dyslexia," said Mr Hill.

"This was denied, and he went to an employment tribunal, which ruled that his dyslexia did not have ' a substantial adverse effect on his ability to carry out normal day to day activities'. He appealed against this decision."

An Employment Appeals Tribunal ruled he can be classified as a disabled person under the Disability Discrimination Act 1995. The Appeals Tribunal decided dyslexia caused 'a substantial impairment' to his career. "Dyslexia sufferers who feel disadvantaged at work may want to take legal advice on their position. Employers may also want to review their current practices in relation to dyslexia,” Mr Hill continued.

The treatment of dyslexia as a disability is likely to be taken on a case-by-case basis.

"The Appeals Tribunal specifically said that the performance of the worker should be not assessed in comparison with the rest of the population. It is how they would perform if they did not have the disability that is the key" he concluded.


For additional information or comment please contact Robert Hill on 01494 525941

An original Tribunal decided Paterson had not been discriminated against because the exams were not part of his daily duties. Following a successful appeal, Paterson’s case will now return to an employment tribunal hearing to decide whether he was discriminated against.