Neurodiversity is an umbrella term covering a range of neurological differences, such as ADHD, Autism, Dyslexia, Dyscalculia, Dyspraxia, and Tourette’s. These neurological differences can manifest in various ways and, depending on how individuals are affected, can be defined as having a disability under the Equality Act 2010.
Neurodiverse individuals can bring huge benefits to an organisation, including enhanced creativity, productivity and innovation.
The benefits of neurodiversity in the workplace
Supporting neurodiversity at work means recognising and valuing people’s differences. Hiring from a diverse pool of talent, which includes neurodiverse people, can bring many benefits to employers, for example:
• Unique perspectives and approaches to problem-solving
• Increased creativity and productivity
• Improved team dynamics
• Collaboration and Innovation
By celebrating neurodiversity at work and fostering an inclusive workplace culture, businesses can tap into the full potential of their workforce and gain a competitive edge in the market.
What the law says about neurodiversity in the workplace
The Equality Act 2010 identifies nine protected characteristics. Discrimination based on any of these characteristics, including disability, is prohibited.
Under section 6 of the Act, the legal definition of someone with a disability is someone:
“with a physical or mental impairment that has a substantial and long term adverse impact on [their] ability to carry out normal day-to-day activities.”
The disability must have lasted, or will last, at least 12 months.
If the employee is considered disabled, then they are protected from disability discrimination and discrimination arising from disability, harassment, and victimisation. The employee also has the right to request the employer to implement reasonable adjustments.
New Acas guidelines on neurodiversity in the workplace
Acas guidance, which was published in January, states that:
“Nobody has to tell their employer they’re neurodivergent. If they do decide to share it, it’s up to them when and how they do this.”
An employer should take an employee seriously and offer support, regardless of when they share their condition or whether or not they have a diagnosis. Someone might not want to tell people at work because they’re worried about getting a negative reaction or being stereotyped.
These guidelines emphasise the importance of supporting neurodivergent employees, whether or not they have a formal diagnosis or choose to disclose their condition. In line with this, employers have a duty under the Equality Act 2010 to consider and implement reasonable adjustments that can help neurodivergent individuals thrive at work.
Reasonable adjustments for neurodivergent employees
Section 20 of the Equality Act 2010 states the employer’s duty to implement reasonable adjustments where a disabled employee would be at a substantial disadvantage compared to non-disabled employees. Reasonable adjustments are often simple and inexpensive, but they can lead to considerable improvements to the performance and wellbeing of neurodiverse employees.
Making adjustments is crucial to preventing discriminatory conduct which would have a serious financial and reputational impact on employers and morale and wellbeing on employees.
Examples of reasonable adjustments for neurodiverse employees
There is no single definition of ‘reasonable’ so a one-size-fits-all approach will not apply.
Some examples of reasonable adjustments for neurodivergent employees that an employer could take, include:
• Having a designated desk in a hot-desk environment for an autistic employee.
• Structuring breaks into long meetings for an employee with ADHD
• Allowing additional time to complete tasks for an employee with ADHD or dyslexia
• Having fixed shifts and routine rather than variable hours or tasks for an autistic employee
• Varying a dress code for an employee with dyspraxia
• Providing noise-cancelling headphones to employees who are hypersensitive to sound
• Providing coaching or a mentoring system
• Funding the purchase of, and training in, assistive technology (such as time management or speech-to-text software)
Building a neuroinclusive workplace
It’s important for employers to recognise that each neurodivergent individual has their own unique strengths and challenges. An adjustment that works well for one autistic employee, for example, might not be suitable or necessary for another.
To build a truly neuroinclusive workplace, organisations should focus on valuing these unique skills and talents through visible leadership, comprehensive manager training, clear policies, appropriate workplace adjustments, and fostering psychological safety. Encouraging managers to regularly ask all team members what support helps them perform at their best can also normalise these conversations, reducing the pressure to disclose a diagnosis simply to access support.
By embracing neurodiversity in this way, organisations can empower individuals to thrive in their roles – ultimately enhancing business success and maintaining a competitive edge.
