Worker with dyslexia is discriminated against for not being allowed to arrive to work late

An employment tribunal has ruled that an employee with dyslexia should not have been forced to turn up for work on time by his employer. His employer’s failure to make reasonable adjustments enabling the employee to attend work 15 or 20 minutes late amounted to discrimination.

In this case, Mr Bryce, a security guard, began doing shift work with Sentry Consulting (a private security firm). He was late three times in three weeks and was called to a meeting with management. He explained that his dyslexia and the cold, frosty weather at that time were causing him to be late. He asked his managers to be allowed to arrive up to 15 or 20 minutes late but instead, the Company stopped offering him shifts.

Mr Bryce explained to the tribunal that he often read the numbers on his digital alarm clock incorrectly resulting in him thinking he had more time available than he really did. He explained that he needed time for his brain to wake up in the morning likening it to turning a computer on in the morning. Mr Bryce also has Asperger's Syndrome and claimed that he sticks to routines and he becomes highly anxious if he breaks them.  

The tribunal found that Mr Bryce had been discriminated against and his managers failed to implement reasonable adjustments to accommodate his disability. 

The tribunal found Mr Bryce’s disabilities had long-term effects on his normal daily activities and impaired his ability to understand information and to read the time on his digital clock.  

The tribunal noted that he was also impaired “in his ability to keep a timetable and plan for potential factors such as traffic and weather conditions and thus is often not able to arrive on time.” The tribunal found these inabilities were the main reason why he was not offered shifts.  

The site where Mr Bryce was working did need to be manned 24 hours a day but this should have been balanced “against the discriminatory impact on the disabled person.”

This case highlights the need to be proactive in exploring how reasonable adjustments can be implemented. Ignoring requests for reasonable adjustments is likely to lead to a discrimination claim. 

In Mr Bryce’s case, the employer could have trialed his request for flexi hours or given scope for him to occasionally turn up to work late. The employer could have considered placing Mr Bryce at alternative sites or changed his shift patterns to better suit the needs of his disability.

Learning for employers

• Meaningfully explore reasonable adjustments with a disabled employee.  
• Trial adjustments if you are unsure if they will work or not.
• Consider working hours that are the best fit for the disability including flexi-time, shifts, part-time, etc.
• If you cannot accommodate reasonable adjustments suggested by an employee ensure you document the reasons why. Note what the likely impact and consequences would be if they were implemented.
• Seek input from an independent advisor such as occupational health or a relevant disability charity who may be able to offer specialist guidance.