Neurodiversity refers to the fact that we all think, learn and act differently. Some well-known types of neurodivergence are ADHD, autism, dyslexia, dyspraxia, dyscalculia, and Tourette’s syndrome. Neurodiversity can affect social interaction, learning, attention, and/or sensory processing and encompasses a range of neurological conditions. Employers are increasingly having to accommodate neurodiversity in the workplace due to the growing number of people being diagnosed with neurodiverse conditions in adulthood.
Neurodivergent employees might mask their condition at work. This means hiding parts of a condition to fit in better. Masking can make someone feel exhausted and isolated. and can, in some cases, lead to mental health problems. People might not need to mask as much if they feel comfortable at work.
Being neurodivergent will often amount to a disability under the Equality Act 2010 and as such, a neurodivergent employee will have rights and protections at work, for example, the right not to be discriminated against because of a disability, and the right to reasonable adjustments.
Unwanted behaviour related to neurodivergence is likely to be disability discrimination. Care needs to be taken not to inadvertently discriminate against an employee because of their condition and be faced with a claim in the employment tribunal for disability discrimination.
ACAS has recently provided guideline on neurodiversity in the workplace to help employers and employees understand their position on Neurodiversity.
Practical steps for employers
Employers can help by taking steps to make their organisation neuroinclusive by thinking about how they talk about neurodiversity. It is important for all employers to consider neurodivergent employees and any potential discrimination that can occur, and the reasonable adjustments that could be put in place. Employers can also:
1. Review policies
An employer should set in place policies and procedures to prevent discrimination, bullying and harassment related to neurodiversity.
2. Increase awareness and training
Provide line managers and staff with training to understand neurodiversity, focusing on the benefits of diverse perspectives, and the challenges neurodivergent employees may face, for example, communication differences.
3. Make reasonable adjustments
Occupational health referrals will help employers establish what adjustments and support a neurodivergent employee may require. Engage in open dialogue with an employee to understand their individual needs. Common adjustments include flexible working arrangements, alternative methods of communication, task structuring and the provision of technologies. Adjustments should be made to help the employee fulfil their role but that are also proportionate to the business.
4. Review your practices and procedures
Employers should consider alternative approaches to recruitment which will allow neurodivergent candidates to demonstrate their abilities in a more suitable setting.
During any disciplinary investigation involving a neurodivergent employee, consideration should be given to their neurodiversity when assessing their conduct.
5. Foster an inclusive culture
Encourage a workplace culture where diverse thinking styles are valued and which supports employees who are neurodivergent. Greater inclusivity and awareness of neurodivergence across the workforce will help prevent grievances and harassment claims from arising.
Get in contact with an employment lawyer at Rowberry Morris
If you would like advice or need further guidance on this or any employment issue, please contact the Employment Team at Rowberry Morris by phone on 01189812992 or email at employment@rowberrymorris.co.uk