Respondent won Employment Tribunal · 26 May 2023

Dyslexia adjustments and training cost deduction: claims dismissed

A tribunal dismissed a senior employment consultant's claims that his employer failed to make reasonable adjustments for his dyslexia, and upheld a £430.16 deduction from his final pay for training costs.

1 min read · Last updated 18 May 2026

Case details

Key facts

  • The claimant has dyslexia, diagnosed in 2013, which substantially affects his ability to read and multi-task.
  • The claimant was employed as a Senior Employment Consultant from 4 January 2021 until his resignation on 4 November 2021.
  • The respondent provided Dragon software and other adjustments but initially required the claimant to complete coping skills training outside working hours.
  • The respondent later allowed 50% of the training during working hours, but the claimant used annual leave to cover the other 50%.
  • The claimant's probation was extended due to performance issues, and he resigned citing lack of target adjustments.
  • The respondent deducted £769.84 from final pay for training costs under a signed training agreement.

Timeline

  1. Interview

    Claimant interviewed for Senior Employment Consultant role; disclosed dyslexia and need for Dragon software.

  2. Offer and acceptance

    Claimant offered role and signed contract including training agreement.

  3. Employment started

    Claimant began work; Dragon software provided.

  4. Access to Work assessment

    Holistic report recommended adjustments including additional monitor and coping strategies training.

  5. Coping skills training decision

    Respondent agreed to 50% of training during working hours; claimant used annual leave for the rest.

  6. Additional monitor provided

    Second monitor sent after DSE assessment.

  7. Performance improvement plan

    PIP put in place; claimant required to meet Band 1 targets.

  8. Probation extended

    Probation extended by three months to 4 October 2021.

  9. Sickness absence

    Claimant went off sick with stress; fit notes submitted.

  10. Resignation

    Claimant resigned, effective 4 November 2021.

  11. Training cost deduction

    Respondent deducted £769.84 from final pay; balance of £430.16 claimed.

The outcome

The tribunal dismissed all of the claimant's claims. It found that while the employer's initial requirement for the claimant to use annual leave for part of his coping skills training could have been a failure to make reasonable adjustments, that claim was brought too late and it was not just and equitable to extend time. The other adjustment claims (regarding targets, DSE breaks, and additional monitor) were not upheld on the facts. The deduction of £769.84 from final pay for training costs was lawful under the signed training agreement, and the claimant was ordered to pay the remaining £430.16.

  • No compensation awarded.
  • Claimant ordered to pay respondent £430.16.

Lessons & takeaways

  • If you have a disability, tell your employer early and keep records of any adjustments you request.
  • Time limits for bringing discrimination claims are strict – you generally have three months from the act complained of, and late claims are rarely allowed.
  • Check any training agreement before signing – if it says you must repay costs if you leave early, that is likely enforceable.
  • Employers should consider allowing disability-related training during working hours, especially if recommended by Access to Work.

What this case shows

A Senior Employment Consultant with dyslexia resigned after his probation was extended and his employer deducted training costs from his final pay. He claimed the employer failed to make reasonable adjustments for his dyslexia, and that the deduction was unlawful. The tribunal dismissed all his claims.

The claimant had disclosed his dyslexia at interview, and the employer provided Dragon software and an additional monitor. However, a dispute arose over coping skills training recommended by Access to Work. The employer initially required the claimant to complete the training outside working hours, then agreed to 50% during work time but required him to use annual leave for the rest. The tribunal accepted this could have been a failure to make reasonable adjustments, but the claim was brought too late – more than three months after the decision – and it was not just and equitable to extend time.

What the employer did right

The employer had a signed training agreement that allowed recovery of costs if the employee left within 12 months. The claimant signed it at the start of employment. When he resigned after 10 months, the employer deducted £769.84 and later claimed the remaining £430.16. The tribunal upheld the deduction, noting the agreement was clear and the claimant had benefited from the training.

Why the result matters

This case is a reminder that time limits in discrimination claims are strictly enforced. Even if an employer's action might be discriminatory, you must bring a claim within three months of the act – or show it is just and equitable to extend time, which is a high bar. It also shows that properly drafted training agreements are enforceable, and employees should think carefully before signing them.

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