EXPERTS have warned that employers could face legal action for asking job applicants to take basic reading and writing tests, following a landmark legal case which ruled mild forms of dyslexia should be considered a disability.
Dyslexia affects about 10% of the population and it is estimated about 3m of Britain’s workforce may suffer from the disorder. Legal specialists said employers should be “extremely cautious” if using literacy and numeracy tests in recruiting.
Nick Campbell, partner at Brabners Chaffe Street, said: “There is a growing concern that these types of tests may breach discrimination laws.
“If a candidate’s chance of winning a position is based upon a literacy and numeracy test then someone with dyslexia is bound to be at a disadvantage.
“Ultimately, if a potential employee feels they have lost out because their dyslexia affected their ability to complete the test they could take legal action. Employers need to seriously consider if such tests are necessary or, if they can alter them in a way that makes them fairer to people with dyslexia.”
In July, Chief Inspector David Paterson won a landmark legal ruling that his dyslexia was a disability.
The officer claimed he was discriminated against as the Metropolitan Police had failed to make reasonable adjustments to accommodate his disability.
An initial employment tribunal ruled he was not disabled but this was overturned on appeal.
The British Dyslexia Association is to launch a guide offering guidance on policies and procedures relating to the Disability Discrimination Act.