Stammering & The Law

What does the law say about stammering? Are people who stammer legally protected?

Learn about UK legislation which has implications for school, work and everyday life. We've also got guidance on stammering for judges in courts and tribunals.

On this page:

Equality law
What this means if you stammer
What this means if you're an employer or service provider
Stammering in court: guidance for judges

Summary

Equality law can protect people who stammer from discrimination. This means they can get 'reasonable adjustments' to make things easier at work, in education, etc. They can also challenge unfair or poor treatment based on their stammer.

Equality Law

This protection against discrimination is thanks to two pieces of legislation. The first is the Equality Act 2010 which covers England, Scotland and Wales. There's also the Disability Discrimination Act 1995, which covers Northern Ireland.

These are pieces of law that prevent discrimination on grounds of disability. So, it is illegal to treat people poorly or unfairly because they stammer.

Is stammering a disability?

Some of you might be wondering if stammering is a disability. The short answer is yes, stammering can be a classed as disability by law. The Equality Act and the Disability Discrimination Act define disability as:

'…a physical or mental impairment that has a substantial and long-term adverse effects on your ability to do normal daily activities'.

'Substantial' means 'more than minor or trivial'. And nearly all adult stammering is 'long-term'. So, if you stammer you should normally be covered if it has more than a minor effect on your everyday life.

What constitutes 'normal day-to-day activities'? Well, they could include having a conversation or using the phone. The courts have interpreted it widely. For example, high pressure exams for promotion have been included in cases. A tribunal would focus on what a person cannot do or has difficulty with.

What if I don't see myself as disabled?

Even if you don't regard yourself as disabled, or see stammering as disabling, you are still protected. As long as stammering substantially affects your day to life, you are covered by the Acts.

See Is Stammering A Disability? for more detail on this.

What this means if you stammer

Being protected by the Equality Act and the Disability Discrimination Act means that:

You can ask organisations to adjust their ways of working to accommodate stammering.

You can get 'reasonable adjustments' for work, education or using services to make things easier if you stammer. See Reasonable Adjustments For Stammering for examples of things you can ask for. Contact our Employment Support Service to discuss adjustments at work or in job interviews.

You can challenge discrimination based on stammering.

Has an organisation or individual treated you poorly or unfairly because you stammer? If so, the Acts can protect you. Contact our Advocacy Service — we can help you challenge it.

More information

For more detail about the law, download our 'Stammering, Discrimination & the Law' document below. As you'd imagine it's quite dry but it explains the legal status around stammering further.

Involved in a tribunal now?

Are you going to an employment tribunal in relation to discrimination based on stammering? We would urge you to ensure that you get a report from a qualified speech & language therapist. This should include information on the impact and consequences of your stammer on your work. Find out how to access stammering therapy services.

Contact our Advocacy Service for assistance. We're happy to chat with you and the therapist about the report and what might be useful to include. We can also help you to prepare the evidence needed to show the impact of stammering. Also how it is affected by the working environment.

What this means if you're an employer or service provider

Do you employ, work with or have service users who stammer? If so, under the legislation you are required to make 'reasonable adjustments' to accommodate stammering. These will help employees to work to the best of their abilities. They will also reduce barriers for customers and service users.

See our Reasonable Adjustments For Stammering page for examples of things you can change. We can work with you on this. Contact our Employment Support Service and we'll explain more.

What is an employer's duty?

An employee might request reasonable adjustments themselves. But your duty around reasonable adjustments still applies even if a person has not formally told you about their disability. It can still apply, for example, if you know or suspect that they stammer and you have reason to believe it causes difficulty for them at work.

If you know, or could reasonably be expected to know, that an employee has a disability within the Equality Act or the Disability Discrimination Act, you may have a legal duty to make these adjustments.

Things to keep in mind

How much stammering someone experiences, or how intense their moments of stammering are, can vary over time. Or from situation to situation. Not everyone stammers in the same way.
Some people may also be working hard to hide their stammering, for example by speaking less or by switching words.

For these reasons you can't necessarily tell by talking with someone that they stammer. You also can't tell to what extent stammering or the reactions of others are interfering with the person's day to day activities. So, if you need to know, ask them.

More information

See our Guides For Non-Stammerers for lots more tips and strategies for creating stammer-friendly environments. Don't hesitate to contact our Employment Support Service to discuss things.

For more detail about the law, download our 'Stammering, Discrimination & the Law' document below.

Cases

In 2021, we responded to a case in which someone claimed discrimination on the grounds of their stammer. Download details of the Mr N Neto v Packaging Automation Ltd & J Thompson case below. In it, the judge ruled that Mr Neto had not been discriminated against because he didn't demonstrate that his stammer had a substantial adverse impact on his work.

(Note: this decision does not mean all discrimination cases are unsuccessful. We'll be adding more cases here soon.)

Stammering in court: guidance for judges

Another legal area that affects people who stammer is in court and tribunals. People who stammer giving evidence or testifying risk having their disfluency misinterpreted. This can have serious consequences, including on whether or not they are believed.

The Equal Treatment Bench Book is a guide that is circulated among all judges in the UK legal system. It contains guidance to make judges aware of disabilities and differences that can affect people in court. This includes stammering. Download the latest version of the Equal Treatment Bench Book below.

Read how STAMMA worked with the Courts & Tribunals Judiciary to get stammering included in the Bench Book.

Links

Visit stammeringlaw.org.uk for a wealth of information on stammering and UK disability discrimination law.
Equality Advisory and Support Service: Provides information, advice and support on discrimination issues. It replaces the Equality and Human Rights Commission helpline.
The Disability Law Service: May be able to provide free legal advice to disabled people and representation where appropriate.
Citizens Advice: They can help you negotiate with an employer and may in some cases be able to represent you at a hearing.
Law Centres Network: Their solicitors may provide you with free advice and representation.

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