Neurodiversity in the workplace: does your workplace support neurodiversity?
- Making law easy for you -
Neurodiversity in the workplace: does your workplace support neurodiversity?
It is estimated that between 15-20% of the population are neurodivergent, covering a wide range of neurological variations including ADHD, Autism, Dyslexia and Dyspraxia. In the workplace, neurodiversity can drive innovation, creativity and productivity as well as contributing to an inclusive culture.
Whilst there is clearly an improvement in the understanding of neurodiversity, many employees can still struggle to feel happy, included, valued and well at work and it is vital that employers acknowledge and adjust for neurodiversity in their workplaces.
So what should an employer do?
It is important to ensure that all aspects of an employee’s ‘lifecycle’ at work are considered – from the initial recruitment process, training, career development opportunities, workplace design, and management and HR processes – clearly communicating with employees, making reasonable adjustments where appropriate, and building awareness and trust in the workplace.
A neurodivergent employee may be considered disabled under the Equality Act 2010. Conditions such as Autism and ADHD are often termed as ‘invisible’ disabilities and they may not be immediately apparent nor may an employee choose to disclose their condition – which they are entitled to do. It is therefore vital that an employer investigates if there are indications of an employee being neurodivergent.
Employment tribunals have seen an increase in the number of cases involving neurodivergent claimants. In a recent case AECOM Ltd v Mallon, the EAT upheld a tribunal judgment that an employer had failed to make reasonable adjustments for a job applicant with dyspraxia who had asked to make his application orally rather than complete an online form. Similarly, in Duncan v Fujitsu Service Ltd, the employment tribunal decided that an employer had failed to make reasonable adjustment for an employee with Autistic Spectrum Disorder by insisting all employees mainly had work discussions orally. As Duncan struggled to communicate orally, it would have been a reasonable adjustment to allow him to communicate mainly in writing, not require him to phone in when sick and provide a written agenda for meetings.
As human beings we have an infinite range of differences including in our brain function and behavioural traits – all of us can contribute to the success of a business and neurodiversity and inclusion are key to the future of work.
Contact us
If you need HR support or advice when putting neurodiverse-friendly policies in place, contact Jenny Reardon, Head of GatekeeperHR, on e. jennyreardon@rixandkay.co.uk or t. 01825 744462.
Or for more information on the HR support services GatekeeperHR provides, check out our dedicated GatekeeperHR website.