Ella Sheppard, senior associate and solicitor in Nelsons’ employment department, discusses neurodiversity in the workplace and why employers must not only ensure compliance with the relevant legal framework, but also take proactive steps to understand the concept of neurodiversity and provide a supportive work environment.
What is neurodiversity?
Neurodiversity recognizes how various people naturally think about and absorb information and circumstances. It also acknowledges that everyone has various interests and natural skills in different areas.
The word ‘neurodiversity’ is broad and can refer to having one or more of the following conditions:
- ASD (including the condition that was previously referred to as Asperger’s syndrome)
- Attention-deficit hyperactivity disorder (ADHD)
- Down syndrome
- Dyscalculia
- Dysgraphia
- Dyslexia
- Dyspraxia
- Mental health conditions – for example, bipolar and obsessive-compulsive disorder
- Prader-Willi syndrome
- Sensory processing conditions
- Social anxiety
- Tourette syndrome
Neurodiversity in the workplace
Neurodiverse people frequently contribute significant and beneficial skills to the job. They have exceptional recollections and pay close attention to detail, for example.
However, in many cases, people with neurodivergent diseases have difficulty obtaining work or are overlooked when it comes to retention, advancement, and career growth.
According to specialisterne, current government data show that only 22% of autistic adults would be working in 2021, and nearly half of autistic workers have said that they have been ridiculed or harassed at work because of their condition.
Employers have a legal obligation to ensure, as far as practically practicable, the health, safety, and welfare of their employees while at work, and failure to do so can result in criminal charges. In order to comply with this obligation and the duty to make reasonable adjustments under the Equality Act 2010, adjustments to physical work settings may be required in the case of neurodivergent personnel. To decrease or reduce sensory stimuli, for example.
What can employers do to support neurodiversity?
Employers should keep in mind that neurodivergent individuals may encounter difficulties even during the recruitment process and should consider making suitable adaptations. For example, making advertisements short, providing advance warning of any exercises a candidate may be required to conduct as part of the interview process, modifying the physical setting in which interviews take place to make this accessible, and enabling breaks as needed.
Employers should encourage open dialogue with anyone who considers themselves neurodivergent and believes they are struggling at work as a result, and should actively listen to any concerns presented.
Internal rules should encourage employees to notify their line manager or HR team if they are experiencing problems at work as a result of such a condition, and they should be directed to suitable internal resources and any designated people inside the organization for assistance.