If you’re an employer, it’s important that you understand the rules around neurodiversity in the workplace to help you support your team and avoid discriminating against an employee.
Understanding neurodiversity
Neurodiversity is an umbrella term that describes the concept that some people interact with the world and other people in a different way than others.
In practice, the term means that people with neurodiversity may think differently or react to things in a way that you might not expect.
Although neurodiversity doesn’t always refer to health conditions, it’s typically a result of certain health or developmental conditions, including:
- Autism or autistic spectrum disorders (ASD)
- Attention-deficit Hyperactivity Disorder (ADHD)
- Dyslexia
- Dyspraxia
- Dyscalculia
Many people with neurodiversity consider themselves to have a disability, while many others do not.
Your responsibilities
As an employer, you have a legal responsibility to act according to the 2010 Equality Act, which protects employees from discrimination, harassment and victimisation on the ground of protected characteristics – including disability and health conditions.
You’ll be expected to provide ‘reasonable adjustments’ to neurodiverse employees who need them to succeed in the workplace.
These are adaptations to the working environment that can be made without putting undue strain – financial or otherwise – on your organisation.
Examples include providing a quiet, distraction-free space with low lighting, IT adjustments, home working arrangements and accounting for communication differences during performance reviews or disciplinary action.
Offering tailored support
One of the ways that you can avoid accusations of discrimination is by taking a proactive approach to supporting your employees.
For example, many employers provide regular opportunities for employees to tell them what they need.
Our team can help you identify areas where the law requires you provide more support and assess whether past assistance constitutes a ‘reasonable adjustment’.
How we can help
If your organisation is concerned about the level of support it can offer to neurodiverse employees, or you are subject to a claim of discrimination, we can help.
Through advice, practical support and representation, we can offer a professional dispute resolution service that achieves the best possible outcome for you and your organisation.
For further guidance, please contact our expert team today.
