Chef With Dyslexia Who Struggled to Read Food Orders Wins Disability Discrimination Claim

In Mr L Moore v Greene King Retail Services Limited, a chef with dyslexia has been awarded more than £24,000 after he was denied workplace adjustments before facing dismissal. He offered a solution after struggling to read screen orders, but was dismissed anyway.

In our latest article, we explore precisely what happened before discussing the employment tribunal’s judgment. We then examine whether dyslexia is considered a disability under UK employment law, and how those with it can be supported in the workplace.

If you’ve experienced something similar and are looking to bring discrimination claims, contact us now. Redmans Solicitors are employment experts, and following a swift chat, we can assess your case and provide expert advice. Should you be eligible to bring a claim, we could also help you through each stage of the process.

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The Facts in Mr L Moore v Greene King Retail Services Limited

Chef with Dyslexia: Claim for Disability Discrimination Background

Mr L Moore (“the Claimant”) was diagnosed with dyslexia following an assessment in March 2021. His report indicated that he has “extensive” difficulties with reading, spelling, phonological processing, and short-term memory. This affects his accuracy, fluency, speed, and comprehension.

When the Claimant interviewed with Greene King Retail Services Limited (“the Respondent”) on 6 June 2023, he provided his dyslexia assessment. Initially, he was unsuccessful in his application for a kitchen chef position. However, following an internal issue, on 9 September, the Respondent contacted him to ask whether he would be willing to reconsider the role.

Read More: NHS Foundation Trust Ordered to Pay £27k for Failing to Provide Reasonable Adjustments

The Claimant agreed, leading to a further discussion with Mr James Pope, the kitchen manager, two days later. Once again, the Claimant disclosed his dyslexia and his difficulties with reading and writing. Mr Pope stated that this wouldn’t be an issue, though, and offered him the job. The Claimant’s employment officially commenced on 15 September.

Trouble Accessing and Accepting the Employment Contract

The chef with dyslexia was subsequently instructed to download an app used for HR matters, payroll, and training. The app was configured so that, upon downloading and signing in, employees were provided a link to their employment contract. Users had to confirm they had read and agreed to the contract before gaining full access to the app.

The Claimant did so, clicking the box to accept the terms. However, due to his dyslexia, he was unable to read the contract or the accompanying disclaimer, confirming that ticking the box indicated acceptance. He would ordinarily rely on his wife to assist with such matters, but she was not present at the time.

During proceedings, the terms of the Claimant’s employment contract were set out. It was established that he was on a fixed-term contract running from 15 September 2023 to 5 January 2024. He was to receive £11.20 per hour but wasn’t entitled to “normal hours of work,” with his hours determined by the Respondent’s operational needs.

Claim for Discrimination Brought by Chef with Dyslexia

The Claimant’s first shift was on 25 September. Following his first week of employment, he was told, “You have had good feedback… [you] put your head down and got on with the job, so we can’t fault your work ethic.” Despite this, he was informed that there were issues with him reading the orders on the kitchen screen. The Respondent explained how he would struggle with his role and stated, “If we can’t come up with a reasonable adjustment, then we will have to lay you off.”

That same day, the chef with dyslexia suggested using a Bluetooth earpiece, which would connect to the Respondent’s computer, enabling him to hear the orders through the headset. However, no action was taken on his suggestion. Instead, the Respondent took him off its online rota for not completing his online training; again, this caused him issues as he struggled to read the online information.

Notably, the Claimant was referred to occupational health (OH), which confirmed, following an assessment, that a wireless headset could potentially resolve the Claimant’s issues. Two meetings subsequently took place in November, but the issue remained unresolved. While the exact date of the Claimant’s termination of employment initially appeared unclear, it was confirmed during proceedings that he was dismissed on 23 November after receiving a text confirming the same.

Believing he’d faced disability discrimination because his employer had failed to provide reasonable adjustments at work, the Claimant took his case to the employment tribunal. He began Acas early conciliation on 21 November, before initiating employment tribunal proceedings on 3 December.

The Employment Tribunal’s Judgment

During proceedings, the tribunal highlighted the Respondent’s failure to implement reasonable adjustments at work. It found that this omission led to the Claimant’s employment ending, noting that “had those adjustments been made, the Claimant would have remained in employment.”

The tribunal also recognised the impact of the Respondent’s actions. Following his dismissal, “the Claimant’s state of mind took a significant turn for the worse.” He was left feeling worthless and humiliated, was prescribed medication for anxiety, and experienced strain in his relationship with his wife.

Interestingly, the Respondent conceded that the Claimant was disabled and had unlawfully discriminated against him by failing to provide the necessary adjustments. On this basis, the tribunal ruled in favour of the chef with dyslexia, awarding him a total of £24,005.63 in compensation, covering lost earnings, injury to feelings, and interest.

Is Dyslexia a Disability in the UK?

Under the Equality Act 2010, someone is considered disabled if they have a long-term physical or mental impairment that substantially affects their ability to undertake regular, daily activities over the long term. Since dyslexia can satisfy this definition, individuals with it may be considered disabled.

In the workplace, dyslexia can present in several ways. Employees with dyslexia may:

  • Struggle to read or interpret written information quickly and accurately
  • Have difficulty remembering or following complex instructions
  • Find typing, spelling, or note-taking challenging
  • Take longer to process information and respond to tasks
  • Experience anxiety or low confidence when performing tasks that rely heavily on reading or writing

Dyslexia as a Disability: Legislation and Reasonable Adjustments

Whether they’re a job applicant, contractor, or employee, if a dyslexic individual meets the legal definition of a disability, employers are required to make reasonable adjustments to reduce the disadvantage they face. To prevent individuals from claiming discrimination, this obligation applies from the start of the recruitment process and continues throughout the course of employment.

Read More: Disabled Police Officer with PTSD Wins Tribunal Claim After Managers Fail to Provide Reasonable Adjustments

Reasonable adjustments for employees with dyslexia can be simple yet highly effective. Examples include:

  • Providing information in accessible formats, such as audio versions
  • Allowing the use of assistive technology, like screen readers or speech-to-text software
  • Offering alternative ways to record tasks or take notes
  • Breaking instructions into smaller, manageable steps and checking for understanding
  • Allowing extra time for tasks that involve reading, writing, or processing information

Failure to implement these adjustments can leave an employer open to legal action, as demonstrated in the case involving the chef with dyslexia, where the tribunal found in his favour after reasonable adjustments weren’t provided.

Get Help with Redmans

If you’ve been unfairly treated because of your disability and want to bring a claim for discrimination, contact Redmans Solicitors. As employment experts, we can assess your claim eligibility, answer your queries and provide specialist advice.

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The information on this page is intended for general informational purposes only and does not constitute legal advice.