Legislation - British Dyslexia Association (2024)

From October 1st 2010, disability discrimination issues became covered by the Equality Act. This replaced the Disability Act 1995. The Equality Act 2010 legally protects people from discrimination in the workplace and in wider society.

An employer has a legal duty under The Equality Act 2010 to make appropriate reasonable adjustments to reduce the impact that a disability has on a person's ability to perform effectively in their role.

The Equality Act 2010

defines a disability as:

"a physical or mental impairment which has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities".
Substantial is defined as 'more than trivial'.

Therefore, as dyslexia is a lifelong condition and has a significant impact on a person's day-to-day life, it meets the criteria of a disability and is covered by The Equality Act 2010.

An employer must not refuse to employ someone simply because they have a disability. They also have a legal duty to make reasonable adjustments to the workplace. This duty begins with the recruitment process, so recruitment and selection processes must be dyslexia-friendly to be lawful.

Read more about the Equality Act 2010

Employee discrimination

Employers must not discriminate against a disabled person in:

  • The recruitment and retention of employees
  • Promotion and transfers
  • Training and development
  • The dismissal process

In addition, we also have case law in relation to dyslexia and employment. This shows that employers need to:

  • Ensure that managers and colleagues of dyslexic people are aware of the condition and reasonable adjustments that need to be made.
  • Ensure that dyslexic people are not directly or indirectly bullied as a consequence of their dyslexia.

Dyslexia is covered by the Equality Act 2010, so employers have a duty to make reasonable adjustments for dyslexic staff members in the workplace.

If a person with a disability feels they have been discriminated against they may want to take their case to an Employment Tribunal. If they win the case, they may be able to claim for financial loss and damages for injuries to feelings. The Tribunal may instruct the employer to make a reasonable adjustment to enable the dyslexic person to work.

Public Sector Equality Duty

The Public Sector Equality Duty (section 149 of the Act) came into force on 5 April 2011. The Equality Duty applies to public bodies and others carrying out public functions. It supports good decision-making by ensuring public bodies consider how different people will be affected by their activities, helping them to deliver policies and services which are efficient and effective; accessible to all; and which meet different people's needs.

Legislation - British Dyslexia Association (2024)

FAQs

What is the law on dyslexia in the UK? ›

In the right circ*mstances, someone who is dyslexic will be considered “disabled” and therefore their employer will have a duty to make reasonable adjustments to assist them in performing their duties at work. Failure to do so could potentially result in a discrimination claim.

When was dyslexia recognised as a disability in the UK? ›

Dyslexia can have a substantial and long term adverse effect on normal day to day activities, and is therefore a recognised disability under the Equality Act 2010.

What does the ADA say about dyslexia? ›

Dyslexia qualifies as a protected disability under the ADA when it substantially limits reading and learning. The Americans with Disabilities Act (ADA) protects people with disabilities, including dyslexia, from employment discrimination. The law applies to both employees and job applicants with disabilities.

Is dyslexia Recognised in UK? ›

The UK government announced in 1987 that they were dispelling 'a myth' – the myth that they did not believe in dyslexia,” said Dr Kirby. “Driven by parents and those with direct personal experience of the condition, the history of dyslexia mirrors that of other conditions, like autism.”

Is dyslexia a protected characteristic in the UK? ›

Because the Equality Act 2010 classifies dyslexia as a disability, all employers are duty-bound to make reasonable adjustments for candidates and employees. The types of reasonable adjustments may include giving extra time for tasks and providing assistive technology like captioning and note-taking software.

Is dyslexia a disability yes or no? ›

Yes, dyslexics are officially classified as "impaired." The Individuals with Disabilities Education Act specifically mentions dyslexia as a disability. Dyslexics are frequently covered by the Americans with Disabilities Act (ADA).

Is dyslexia a form of autism? ›

Dyslexia and autism are two different types of disorders. Dyslexia is a learning disorder that involves difficulty interpreting words, pronunciations, and spellings. Autism or autistic spectrum disorder is a developmental disorder where the brain processes sound and colors in a manner different from an average brain.

Why is dyslexia so controversial? ›

As a result, dyslexia is known by enduring and sometimes contradictory myths, like that people who have it are all highly intelligent—or unintelligent and just not willing to admit it. Fortunately, science is starting to save dyslexia from those stereotypes.

Is dyslexia considered neurodivergent? ›

Studies suggest that if a parent has dyslexia, their children have a 40% to 60% chance of also having dyslexia. Dyslexia is a prime example of the neurodiversity that exists within our society. Dyslexia, like other neurodivergent conditions, is linked to unique strengths and perspectives that enrich our world.

What are the rights of a dyslexic person? ›

These individuals are legally entitled to special services to help them overcome and accommodate their learning problems. These laws also protect people with learning disabilities, dyslexia and ADHD against unfair and illegal discrimination.

Can you get SSI for a child with dyslexia? ›

The listing criteria for dyslexia for both children and adults are the same. First, the adult or child applicant must have significant difficulties learning and using academic skills. A moderate or severe form of dyslexia or illiteracy would likely fulfill this requirement.

Can an employer fire you for dyslexia? ›

Although most employers are able to legally fire their employees at will, ADA forbids employers from terminating employees with a disability. If you have been fired for performance problems caused by disability, you can file a lawsuit or wrongful termination claim against your employer.

What benefits can you get for dyslexia UK? ›

Around 10% of the population is believed to have dyslexia, according to the British Dyslexia Association (BDA). If you have it, you might qualify for Personal Independence Payments (PIP). The benefit is designed to help those struggling with a health condition or disability.

How much of the UK population is dyslexic? ›

Depending on which platform or resource you consult, you may come across answers as varied as, 'from 3-5%' to '1 in 5' or a rounded '20%'. Currently, the British Dyslexia Association (BDA) states that 10% of the UK population are dyslexic, of which 4% are severely affected.

Do schools get extra funding for dyslexia in England? ›

In February 2022, we announced more than £45 million of continued targeted support for families and parents of children with SEND and SEND services. This includes funding that will directly support schools and colleges to work with pupils with SEND.

Can you claim disability for dyslexia UK? ›

You may be entitled to receive a benefit from the Department of Work and Pensions (DWP) if your child has dyspraxia/attention deficit/dyslexia etc. DLA stands for Disability Living Allowance and it is not means tested, nor is it taxable.

How much extra time do dyslexics get in exams UK? ›

A dyslexic child is almost always entitled to up to 25% extra time in exams. So, for a two-hour exam, your child might be allowed two-and-a-half hours.

What does the federal law say about dyslexia? ›

Dyslexia is classified as a learning disability under state and federal special education law. The federal Individuals with Disabilities Education Act (IDEA) lists dyslexia as one of the conditions included in the definition of a “specific learning disability” covered by the act (20 USC § 1401(30)).

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