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Is dyslexia a disability

88 replies

Anon9898 · 17/10/2024 16:54

Have a meeting with manager tomorrow about other things but wanted to ask about dyslexia and how it's a learning difficulty not a disability.

All the websites I have looked at day it is considered as a learning disability. I don't think it is. I'm not disabled because of it I just have difficulty doing some things. That doesn't disable me.

I know people will have severe dyslexia and I'm not saying for them it isn't disabling but for me it isn't.

Am I being unreasonable to argue about it at the meeting tomorrow?

OP posts:
LewishamMumNow · 17/10/2024 17:18

mitogoshigg · 17/10/2024 17:16

It's listed as a specific learning disability on most forms. It's covered by the equalities act. I don't see why you would want to bring it up

No it isn't. This is an American post. Whether it is covered by the Equality Act (not equalities) depends on whether it meets the definition of disability, and this will vary on how it affects the individual.

elderflowerspritzer · 17/10/2024 17:18

ThatsNotMyTeen · 17/10/2024 17:15

why is that a bad thing?

it means they will need to put in reasonable adjustments

ultimately whether dyslexia is a disability in law will depend if it meets the criteria under the Equality Act

so a physical or mental impairment that has a ‘substantial’ and ‘long-term’ negative effect on your ability to do normal daily activities.

dyslexia is an impairment and it is long term but only you will know the impact of it.

why is that a bad thing?

@ThatsNotMyTeen I'm guessing it's because some people with dyslexia don't feel they are disabled and don't like being classified as being disabled (even if in reality that makes no difference to their lives).

And really, you could say the same for a myriad of conditions like autism, arthritis, menopause, whatever. Are they disabilities? Whether or not anything is a disability really depends on the individual experiencing it.

BlueMum16 · 17/10/2024 17:18

Anon9898 · 17/10/2024 17:10

@elderflowerspritzer I don't want to argue with her I just want to ask why it's always classed as a disability for everyone in our workplace and not as a difficulty

A disability puts you at a disadvantage. You said you have memory issues. I don't. That puts you at a recognised disadvantage to me.

It also means you are more protected in the workplace. Your employer MUST consider reasonable adjustments.

It's fine if you don't see yourself as disabled but dyslexia is a disability.

MarkingBad · 17/10/2024 17:17

This is a complex question because dyslexia comes under developmental impairment rather than disability, unless you are in a situation where you you are put at a disadvantage to your colleagues, then there is a disability discrimination issue.

If you go to a tribunal for example then the court takes it on an individual basis of the types of issues you experience with dyslexia rather than treat it as a straight forward case of disability discrimination. It isn't an automatically accepted disability under the Equality Act. The question being whether the individual employee's experience of dyslexia has and adverse affect on their day to day activities.

Is this meeting partly to discuss whether any needs you have are being met as you live with dyslexia?

I'm dyslexic, I don't like being described as being developmentally impaired, as having a learning difficulty, or disability. However these are the current terms people use to describe us.

I looked it up a while ago as I had cause to take a company to tribunal over it but decided not to in the end.

Grepes · 17/10/2024 17:17

LewishamMumNow · 17/10/2024 17:11

@MagentaRocks @Grepes This is not the case. Whether it is a disability depends on the particular circumstances of the individual. Dyslexia is very capable of being a disability, but it is not the case that everyone with it would meet the threshold (the same is true of most conditions).

That’s not quite what we are saying though. We are talking about company policy. Company policy is generally a broad approach and follows the equality act, not individuals. When you write a company policy you refer to the equality act (or other relevant act) for the matter in question, and then this can be adapted to an individual approach if required.

LewishamMumNow · 17/10/2024 17:17

@MagentaRocks That may be so, but it's still wrong. Lots of medical/disability type organisations say anyone with that condition "is" disabled, but that is not how the law works. The only conditions which are automatically disabled are HIV, MS and cancer. A terminal illness and losing your sight (however slowly) are also in. In theory everything else depends on the facts, so even something like Downs or paraplegia is not automatically a disability, although it obviously would always meet the criteria. Dyslexia will vary - mild sufferers will not always meet the legal threshold. The legal sources I mentioned in my pp will be more reliable that what the Dyslexia Association says.

mitogoshigg · 17/10/2024 17:16

It's listed as a specific learning disability on most forms. It's covered by the equalities act. I don't see why you would want to bring it up

Neverhot · 17/10/2024 17:16

I'm a learning disability nurse, and no dyslexia is not considered a learning disability. It's a learning difficulty.

ThatsNotMyTeen · 17/10/2024 17:15

Anon9898 · 17/10/2024 17:10

@elderflowerspritzer I don't want to argue with her I just want to ask why it's always classed as a disability for everyone in our workplace and not as a difficulty

why is that a bad thing?

it means they will need to put in reasonable adjustments

ultimately whether dyslexia is a disability in law will depend if it meets the criteria under the Equality Act

so a physical or mental impairment that has a ‘substantial’ and ‘long-term’ negative effect on your ability to do normal daily activities.

dyslexia is an impairment and it is long term but only you will know the impact of it.

earlylunch · 17/10/2024 17:15

Anon9898 · 17/10/2024 17:10

@elderflowerspritzer I don't want to argue with her I just want to ask why it's always classed as a disability for everyone in our workplace and not as a difficulty

She won’t have the foggiest

and will be rather peeved at you using a catch up meeting to navel gaze about this, especially if as you say…. it’s a complete non issue for you

AnnaMagnani · 17/10/2024 17:15

Anon9898 · 17/10/2024 17:10

@elderflowerspritzer I don't want to argue with her I just want to ask why it's always classed as a disability for everyone in our workplace and not as a difficulty

Does the policy actually result in the company taking any action helpful or otherwise?

I would guess the policy is written that way so managers are aware they have a responsibility to make reasonable adjustments.

For some, possibly most, people this will be no adjustments at all. But managers and employees need to know what the company will do to comply with the law.

Floralsofa · 17/10/2024 17:15

It is a learning difficulty, not a learning disability, but that does mean it doesn't come under the Equality Act as a disability (severity dependent)

elderflowerspritzer · 17/10/2024 17:14

Anon9898 · 17/10/2024 17:10

@elderflowerspritzer I don't want to argue with her I just want to ask why it's always classed as a disability for everyone in our workplace and not as a difficulty

Ah I see. I suspect it's outdated terminology.

Dyslexia is a specific learning difference. Some people with dyslexia will identify as having a disability and others won't. It depends on how it impacts their lives and the severity.

Can't see any harm in having that conversation with your employer although your EDI lead might be a better starting point (if you have one), just to point out that there is some outdated terminology floating around.

Catza · 17/10/2024 17:14

Anon9898 · 17/10/2024 17:10

@elderflowerspritzer I don't want to argue with her I just want to ask why it's always classed as a disability for everyone in our workplace and not as a difficulty

Because it is a lifelong condition which can cause significant impairment of function and therefore is recognised as disability under the equality act.

MagentaRocks · 17/10/2024 17:13

LewishamMumNow · 17/10/2024 17:11

@MagentaRocks @Grepes This is not the case. Whether it is a disability depends on the particular circumstances of the individual. Dyslexia is very capable of being a disability, but it is not the case that everyone with it would meet the threshold (the same is true of most conditions).

My comment was straight from the British dyslexia association. As I said in my post, if it means that the op cannot retain information surely that has an impact on day to day life.

LewishamMumNow · 17/10/2024 17:13

Anon9898 · 17/10/2024 17:10

@elderflowerspritzer I don't want to argue with her I just want to ask why it's always classed as a disability for everyone in our workplace and not as a difficulty

Your employer is being generous here. Far better than to always challenge this, which they would be entitled to. Why not just accept that, which as a pp said, will help should you ever want any reasonable adjustments etc.

earlylunch · 17/10/2024 17:12

i imagine he will be somewhat perplexed Op

If…. he hasn’t noticed any issues, you don’t feel that it has remotely impacted your work, you know the companies policy

and yet you use this catch up meeting to enquire about the company’s “view point” on it

the policy is their viewpoint 🫤

LewishamMumNow · 17/10/2024 17:11

@MagentaRocks @Grepes This is not the case. Whether it is a disability depends on the particular circumstances of the individual. Dyslexia is very capable of being a disability, but it is not the case that everyone with it would meet the threshold (the same is true of most conditions).

Anon9898 · 17/10/2024 17:10

@elderflowerspritzer I don't want to argue with her I just want to ask why it's always classed as a disability for everyone in our workplace and not as a difficulty

OP posts:
Catza · 17/10/2024 17:10

Anon9898 · 17/10/2024 17:05

The meeting is just a catch up about other things but wanted to discuss the policy as it says disability but I don't view myself as disabled and just wanted to ask he companies viewpoint on it

You already know the company's view on this as it is reflected in the policy. If you don't consider yourself disabled, the policy does not apply to you. End of conversation.
Unless you want them to change the policy. Why? Other people for whom it is disabling are protected by having this policy. I am still really not sure why you need to discuss it at all.

LewishamMumNow · 17/10/2024 17:09

Learning disability is a US term that covers dyslexia. In the UK this is a no no - learning disability hear means an intellectual impairment, and instead dyslexia is a learning difficulty ie it makes learning more difficult but does not affect intelligence. All of this is separate from whether it is a disability in law. That is a legal test. If you google ECHR or ACAS and disability you will see the test, but it does not depend on having X condition, but how you are affected. Some individuals with dyslexia will meet the criteria of disability; others will not. Only a Judge can decide. Most employers err on the side of caution and consider dyslexia to be a disability - if your manager is doing this they are following HR advice (and good HR advice). I am also dyslexic and don't consider my mild dyslexic to be a disability (legally, or generally, although I am disabled for other reasons), but I would not object to my employer formally considering it as such - this can never disadvantage you.

Grepes · 17/10/2024 17:09

Anon9898 · 17/10/2024 17:05

The meeting is just a catch up about other things but wanted to discuss the policy as it says disability but I don't view myself as disabled and just wanted to ask he companies viewpoint on it

It’s written this way in the policy as that’s what’s the law states. You’re welcome to view it as you would like, but companies have to adhere to the law.

elderflowerspritzer · 17/10/2024 17:08

Why do you need to "argue" with your manager about this? If you don't consider yourself disabled then it's a non issue, surely.

AnnaMagnani · 17/10/2024 17:07

You may not personally feel it is a disability for you, however it's not worth arguing over and you would be entitled to reasonable adjustments from it at work.

I don't personally find my asthma a disability but for the purposes of work I got reasonable adjustments of turning the aromatherapy diffusers off on days I'm there.

You have to speak in the language of the workplace so disability it is.

MagentaRocks · 17/10/2024 17:06

Technically it is a disability

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.

I would think not being able to retain information would class as a significant impact