The BBC has reported that an ex-employee of 'Starbucks' the coffee chain as won her disability discrimination battle. Employers should be aware that dyslexia is covered under the Equality Act 2010. The relevant law is as follows:
A disabled person is defined as having "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’.
"In some cases, people have coping or avoidance strategies which cease to work in certain circumstances (for example, where someone who has dyslexia is placed under stress). If it is possible that a person’s ability to manage the effects of an impairment will break down so that effects will sometimes still occur, this possibility must be taken into account when assessing the effects of the impairment." [Paragraph B10, Guidance to the Definitions of Disability, Equality Act.]
Charles Price Employment Law Barrister
www.charlesprice.net
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