Understanding Neurodiversity
Neurodiversity describes the natural variation in how people experience, interpret, and engage with their environment. It recognises that no two minds are the same, and that’s something to be celebrated. From problem-solving to creativity, individuals who are Neurodivergent often bring unique strengths to the workplace.
Conditions commonly associated with Neurodivergence include:
- Autism Spectrum Disorder (ASD)
- Attention Deficit Hyperactivity Disorder (ADHD)
- Dyslexia, Dyspraxia, Dyscalculia, and Dysgraphia
- Tourette Syndrome
- Sensory Processing Conditions
- Psychological conditions such as bipolar disorder and obsessive-compulsive disorder.
- Social anxiety and other cognitive differences
This list isn’t exhaustive. Neurodivergence is a broad and evolving concept, and it’s important to approach each individual’s experience with openness and understanding.
Why it Matters at Work
Roughly one in seven people in the UK is thought to be Neurodivergent. Despite this, many face significant barriers to employment, progression, and inclusion. Government data from 2021 showed that just 22% of autistic adults were employed. Meanwhile, surveys by the National Autistic Society revealed that nearly half of autistic workers had experienced bullying or harassment at work.
These figures are a stark reminder that we all have a role to play in changing the narrative.
Many neurodivergent individuals demonstrate remarkable strengths such as heightened attention to detail, innovative thinking, excellent memory, and intense concentration. But without the right support, these strengths can be overlooked or misunderstood.
Legal Considerations for Employers
Under the Equality Act 2010, a Neurodivergent condition may be considered a disability if it has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities. Where this is the case, employees are protected from discrimination, harassment, and victimisation.
Employers also have a legal duty to make reasonable adjustments to help eliminate or reduce any disadvantage faced by a Neurodivergent employee. These adjustments might include:
- Flexible working hours
- Quiet workspaces or noise-cancelling headphones
- Clear written instructions or visual aids
- Adjustments to recruitment processes
What’s considered “reasonable” will vary depending on the individual and the nature of their role. That’s why it’s essential to maintain open, respectful conversations and seek professional input where needed—such as from Occupational Health or a GP.
Creating a Neuroinclusive Culture
While meeting legal requirements is essential, we believe the dialogue should go further. Embracing Neurodiversity is about building a culture where everyone feels valued and supported.
Below are some practical steps employers can implement:
- Inclusive Recruitment
The journey starts before someone even joins the team. Job adverts should be clear and jargon-free. Interview processes should be transparent, with advance notice of tasks or assessments. Consider offering alternative formats or environments for interviews to help candidates perform at their best.
- Open Communication
We encourage employers to foster a culture where employees feel safe to disclose if they are Neurodivergent. This means having policies that are inclusive in language and tone, and ensuring that line managers and HR teams are approachable and well-informed.
- Tailored Support
Everyone experiences neurodivergence differently. That’s why it’s important to listen carefully and work collaboratively to identify what support might be helpful. This could include assistive technology, changes to workload management, or simply allowing more time for certain tasks. Also, providing sensory-friendly office spaces can improve productivity and someone’s happiness in their workplace.
- Training and Awareness
Line managers play a crucial role in supporting Neurodivergent colleagues. Providing training on Neurodiversity can help managers understand the challenges some employees may face and how to respond with empathy and flexibility.
- Ongoing Review
Support needs can change over time. Regular check-ins and a willingness to adapt are key to ensuring that adjustments remain effective and relevant.
The Business case
Beyond compliance and compassion, there’s a strong business case for embracing Neurodiversity. Diverse teams are more innovative, resilient, and better equipped to solve complex problems. By creating an environment where everyone can thrive, will not only support individuals but will strengthen the organisation as a whole.
Businesses such as Microsoft have implemented Neurodiversity recruitment programs that have led to measurable improvements in productivity.
Employment Tribunal trends
Disability discrimination cases, including Neurodivergent conditions, are increasing. The Ministry of Justice in 2022 recorded 102 tribunal claims referencing Neurodiversity, showing a 40% rise compared to 2020.
These figures highlight the importance of getting it right. Employers who fail to support Neurodivergent employees not only risk legal action but also miss out on the opportunity to retain talented individuals.
Comment
At the firm, we understand that supporting Neurodiversity in the workplace can feel daunting. But it doesn’t have to be. With the right guidance and a commitment to inclusion, employers can create environments where Neurodivergent individuals feel seen, heard, and empowered to succeed.
If you’re unsure about your responsibilities or would like support in reviewing your policies and practices, we’re here to help. Our Employment Law team works closely with businesses to provide practical, tailored advice that reflects both the law and the values we share.
How can we help?
Laura Burnett is an Associate Partner in our Employment Law team. Laura specialises in TUPE, redundancy and discrimination.
For further information on the above subject, please contact Laura or another member of the team on 0330 111 3131 or via our contact form.