• Robert Spicer

Disability discrimination: dyslexia: failure to understand needs of employee

DISABILITY DISCRIMINATION

Failure to understand needs of dyslexic employee

Case Sangha v Chemicare UK Ltd (2016) Eq Opp Rev 272:26, Birmingham ET

Facts S was employed as a trainee pharmacist. He is dyslexic. He complained that he resigned because of his treatment by his supervisor who had told him to work more quickly. The supervisor was unable to adapt his teaching techniques to someone who was dyslexic and told S that he should look for other career options. S complained of direct disability discrimination, disability arising from discrimination and failure to make reasonable adjustments.

Decision 1. The complaints were upheld.

  1. S had been criticised for working too slowly without recognising that his slower pace of work arose as a consequence of his disability.

  2. In the absence of any constructive dialogue between the employee and his supervisor, there was no discussion of possible adjustments. There was a provision, criterion or practice which required people in S’s position to process prescriptions and dispense medicine at a particular speed. This put O at a substantial disadvantage.

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