How can employers support neurodiversity in the workplace

A report on best practice and employment policies in the workplace has highlighted the key role employers can play to support neurodiversity in the workplace.

Neurodiversity support at work

Two key elements noted to benefit employees are structured policies and keeping communication channels open in the workplace on a friendly, rather than formal basis.

The University of London report, published by ACAS, stated that neurodiversity training, as well as proactive action to support neurodivergent employees is essential in today’s workplace.

With around 15 to 20% of adults said to be in some way neurodivergent it does of course affect a significant section of the working population and business owners are urged to prioritise neuro-inclusion as part of a flexible work culture.

Our employment law solicitors are dealing with more neurodiversity discrimination claims as staff diagnosed with neurodivergent conditions will often satisfy the legal definition of disability set out in the Equality Act 2010 and be protected from discrimination of any kind in employment law.

“It’s about being a good employer and heading off these issues,” said Partner and Employment Law Solicitor, Alan Lewis.

“Increasingly more people are accepting that they are on the neurodivergent spectrum and are becoming more aware of their rights in this area of employment protection law.  The number of cases going to tribunal is growing exponentially as more people are being officially diagnosed and employers have to catch up,” added Alan.

“Business owners need to be ahead of the game to value and support staff and recognise the role managers play in the process and offer them appropriate support.  At the end of the day they need not find themselves caught up in litigation if they plan ahead.”

What is neurodiversity in the workplace

Neurodiversity is often described as a ‘hidden’ disability and can affect an individual’s ability to carry out normal day-to-day working activities. Conditions such as Asperger’s, ADHD, Dyslexia and Dyspraxia, as well as Autism are all potentially included and staff have protection against unlawful discrimination, harassment, and/or victimisation.

Key components of a neuroinclusive workplace are:

• The role of senior leaders in embedding neuroinclusion, by being proactive rather than reactive.
• Embedding neuroinclusion via strategies, policies and practice which are driven by senior leaders and universal design principles (flexibility, equitability and simplicity).
• Psychological safety for neurodivergent employees to discuss their needs, as well as meeting the individual needs of neurodivergent employees.
• Line managers and employers being aware of how other aspects of a person's identity can impact their experiences.
• Specialist career pathways, including for neurodivergent employees.
• Monitoring and evaluation of progress on neuroinclusion.

Employers are encouraged to make reasonable adjustments in the workplace for neurodivergent employees and a failure to do so could result in a disability discrimination claim.

“Employers need to make sure staff are aware of their policies, and if they fail to provide an all-inclusive working environment, then employees who may have been discriminated against may be justified in making a claim,” added Alan Lewis.

“Business owners need to learn more about how they can help their staff and recognise workers with any form of neurodivergence.  Employees should be able to operate in a workplace without discrimination, harassment and victimisation.”

“It is also important for workers with a neurodivergent condition to not be afraid of stating that they consider themselves disabled, as if not it could affect their legal protection.”

How can we help?

Tribunal claims often arise when staff feel victimised, bullied, side-lined or unsupported in the workplace and employment tribunals citing Autism, Asperger’s and dyslexia are increasing.

Our solicitors work with both employees and employers and can offer help and advice on drafting employment policies. For legal advice contact our Employment Law Solicitors on 0161 785 3500 or email enquiries@pearsonlegal.co.uk

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Please note that the information and opinions contained in this article are not intended to be comprehensive, nor to provide legal advice. No responsibility for its accuracy or correctness is assumed by Pearson Solicitors and Financial Advisers Ltd or any of its members or employees. Professional legal advice should be obtained before taking, or refraining from taking, any action as a result of this article.