Neurodiversity in the workplace

Employers are, on the whole, becoming more aware of neurodiversity and the need to deal fairly and sensitively with individuals who fall into this category. However, a recent survey of the experiences of neurodiverse workers in the UK tech sector, carried out by the trade union Prospect, showed that only 25% of employers in the sector have policies in place to support neurodiverse workers. If this is indicative of employers more generally, then this could be one factor behind the rise in neurodiversity-based disability discrimination claims.

As lifelong cognitive differences, neurodivergent conditions such as autism, dyslexia and attention deficit hyperactivity disorder are likely to meet the legal definition of ‘long-term’ in the definition of disability in the Equality Act. These conditions can also present alongside mental health conditions, such as anxiety and depression, which can themselves satisfy the definition of disability.

It is unlawful to treat someone unfavourably because of something arising in consequence of their disability unless the treatment is a proportionate means of achieving a legitimate aim. Disability-related harassment, which can cover making offensive remarks about neurodivergence for example, is also unlawful. In addition, employers are under an obligation to make reasonable adjustments where disabled employees are put at a substantial disadvantage as compared to non-disabled staff.

Cases where employees have committed misconduct linked to neurodiversity can be particularly difficult to deal with. Often a dispute arises when a neurodiverse employee feels that their performance or behaviour is being unfairly assessed for reasons relating to their condition. Employers need to gain increased understanding of these conditions in order to ensure they are treating neurodiverse colleagues fairly, and that they are creating an environment where those employees can thrive.

So what should employers be thinking about when it comes to neurodiversity in the workplace?

Policies – It is common for organisations to have policies to support employees with protected characteristics such race, ethnicity, gender and sexual orientation, but much less common for organisations to have policies to support neurodiverse employees. A neurodiversity policy could cover, for example, a framework for internal support, and workplace and performance management adaptations.

Reasonable adjustments – Examples of reasonable adjustments could include: ensuring the employee is working with trusted people to limit the impact of different working styles; agreeing a preferred communication method to help reduce anxiety, for example by avoiding spontaneous phone calls; and relocating someone’s workspace to a quieter area to reduce sensory demands.

Meeting individual needs – One of the key points to remember is that the term neurodiversity refers to a wide range of differences and that each person will be impacted differently and face different challenges. It is not possible to adopt a uniform approach to everyone. Some neurodiverse staff may excel working alone, others as part of a team. Some may need larger tasks broken down into smaller steps that are reiterated along the way, while others may be able to break down tasks themselves. It is important that each person’s needs are assessed individually and managed accordingly.

Communication – We all consume and process information differently and the same is true of neurodiverse employees. Miscommunication can be a risk and so repeating key messages, following-up on calls with emails or sharing transcripts of meetings can all help to mitigate the risk of miscommunication.

Mentoring – It is important that there is an easily accessible internal network for neurodiverse people to connect with each other. This could be for support and mentoring, and to feed back any changes that they would like the organisation to implement. Providing one-to-one mentoring of neurodiverse employees has also been shown to be beneficial.

Performance management and career development – Certain performance management measures will need to be adapted depending on the type of neurodivergence of the person in question or disapplied entirely. In addition, the career development path should be tailored to that person’s ambitions, with the necessary support provided to help them as they progress through the organisation.

Recruitment – Finally, consideration should be given to recruitment practices so that employers attract neurodiverse talent and bring out the best in those candidates that apply. For example, removing the element of surprise and providing sufficient (often additional) time will allow certain neurodiverse people to showcase their skills and provide relevant examples of their previous experience – John Lewis recently published job interview questions on its website to allow candidates to prepare answers in advance.