In our work across a variety of sectors, we are seeing more cases involving people of all ages diagnosed with neurodiverse conditions like autism, dyspraxia, ADHD and dyslexia. We are also seeing businesses improving their approach to supporting their people to ensure having a neurodiverse condition doesn’t disadvantage them in comparison to their peers. 

Society in general is waking up to the fact that people are neurodiverse.  We don’t all think in the same way – and that’s not a bad thing. 

But, are workplaces more widely ready to continue to support them?  There are various legal and inclusion factors for businesses to consider. 

While neurodiversity isn’t, of itself, a protected characteristic, a neurodivergent condition may be considered a disability under the Equality Act 2010 depending on the impact the condition has on day-to-day activities. This means many neurodivergent employees are protected in law against discrimination, and businesses are obliged to make reasonable adjustments to support them at work. 

An employee doesn’t require formal diagnosis in order to be protected under the legislation; for example, they may have symptoms of autism that are severe enough to impact on day-to-day life, but have never received a piece of paper from a doctor confirming their condition. 

Of course, due to stigma and fear of discrimination, an employee may choose not to disclose their neurodiversity. They may not even realise whether their condition impacts their performance at work.  This can make things even more complicated for businesses. 

While complying with the law is, of course, a compelling reason for businesses to support neurodiversity at work, it’s also important because some will feel it’s the right thing to do. 

Speaking to the relative of a woman with autism and dyspraxia, one particular comment hit home. She said, “employers don’t understand that my sister’s condition won’t disappear once she’s trained up. She’s not just going to get ‘better’ at social skills. But there’s so many things she’s really good at.” 

Businesses may simply be unaware of the benefits neurodivergent people can bring. 

Someone on the autism spectrum might be uncomfortable in social situations, but could be excellent at analytical work. A person with ADHD might need support to stay on track with projects, but their creative thinking might lead to a solution no-one else has thought of. Someone with dyslexia might need their writing proofread but could be a fantastic verbal communicator who excels at presenting. 

We are often asked, what is a ‘reasonable adjustment’? Unfortunately, there’s no one-size-fits-all answer. But just because something is inconvenient to the business does not make it unreasonable. 

The definition of reasonable may differ depending on the size and resources of your organisation, and a tribunal would generally expect a larger business to do more to accommodate a disabled employee than would be required of a smaller organisation. 

Common employee requests might be flexible working hours or a change in working location. Someone with ADHD may find a noisy office difficult and may prefer working from home, or in a quieter area. And a person who struggles with day-to-day functions, like getting ready for work, may ask for a later start. 

Adjusting targets or absence trigger points may be reasonable.  Someone may prefer written instructions to verbal, or vice versa. Every person is different, so it’s important to observe, listen and perhaps seek medical advice concerning what support is required. 

Requests for alterations have to be balanced against the needs of the role and the organisation to determine their reasonableness. 

Businesses also need to ensure they’re not putting unlawful barriers in place that prevent neurodiverse people from gaining employment. Organisations are expected in law to anticipate the needs of disabled applicants and make reasonable adjustments to their processes. 

Job ads should be easy to read. Application forms should be accessible, with clear, precise questions, and available in a range of formats. Help should be offered to anyone who needs support to apply. 

Those selecting candidates and interviewing should be educated about bias, and the importance of not simply rejecting a candidate without further consideration because, for example, their body language is different from ‘normal’. 

Interviews can be a barrier for neurodiverse people. Has the interviewer been trained to ask questions in a way that doesn’t put neurodiverse people at a disadvantage? Could a note of the proposed interview questions be issued beforehand and written work submitted in advance?   It’s a complex area and businesses need to be prepared. 

The more inclusive our workplaces can be for neurodiverse people, the more likely we are to find out what a large section of our workforce is ‘really good at’! 

Note: Material on this platform is not legal advice but we’re here to point you in the right direction if needed.