Chris Hogg, partner at Bloomsbury Square Employment Law, discusses how workplaces could better support neurodivergence in the workplace this Neurodiversity Celebration Week.
As more and more adults are being diagnosed in later life with neurodivergent conditions, employers are increasingly recognising the benefits of neurodiversity in the workplace. Numerous studies have shown the benefits of having a diverse workforce. For example, employees with ADHD can be highly creative and innovative and typically work well under pressure. Their ability to hyperfocus can also result in exceptional levels of productivity.
Employers, however, need to understand that they may have additional obligations to neurodivergent employees, whose neurodivergence can fall within the definition of a disability under the Equality Act 2010. Employers have an obligation to make adjustments to accommodate an employee’s disability in the workplace.
What policies should employers consider to better support neurodiversity in the workplace?
An Equality Policy will help to ensure that the employer can accommodate employees with ADHD and is meeting their requirements under the Equality Act. The Policy should set out the employer’s obligations towards employees with neurodivergence (and other potentially disabled employees).
It should provide a process of consultation with an affected employee and potentially an occupational health expert, to understand the impact their disability has on them and to discuss and agree what adjustments may be necessary. For example, flexible start times, more regular and shorter deadlines, ability to take time outs or work from home, etc. There should then be a process for these adjustments to be periodically reviewed and updated.
Employers should also have a flexible working policy to address employees’ general right to request flexible working. Although this right applies to all employees, it can be particularly useful for employees with neurodivergence. A robust anti-bullying policy that specifically protects neurodiverse employees from bullying should also be put in place if there is not one already.
How should employers go about drafting and then implementing such policies?
When drafting these policies, it is important that all stakeholders have the opportunity to provide input. Human Resources, Management and any potentially affected employees should all be consulted on what the policies need to include. Legal advice should also be sought to ensure that the policies will meet the employer’s legal obligations. It can be useful to seek input from third party organisations who specialise in assisting neurodiverse employees within the workplace.
Once the policies have been finalised and approved, management and human resources should be given training on the implementation process, with regular further training updates to ensure best practice.
All employees should be made aware of the policies and their rights. Once a neurodiverse employee informs an employer, they should be referred to the Equality Policy and advised of their particular rights, including the right to request flexible working.
What will help foster inclusivity in the workplace?
The workplace should be an environment that acknowledges diverse needs and encourages understanding and support for all employees. Ensuring inclusivity is an in-depth process that doesn’t happen overnight but taking a few simple steps can guide a company in the right direction to provide a positive experience for everyone.
As more adults are being belatedly diagnosed with neurodivergent conditions, it’s important to stay educated and aware of what this truly means for an individual. One simple solution is to conduct workshops so all employees can learn about ADHD, autism, dyslexia, dyspraxia, and other neurodiverse conditions, their characteristics, and how they can affect work performance and interpersonal interactions. This can help the workforce to become more understanding of neurodiversity and create a more welcoming environment.
To help those affected to feel more included, it is important that their neurodiversity is accommodated right from the recruitment stage. This starts with the job advert, where it can be made clear what accommodations can be made for neurodiverse employees. At the interview stage, all candidates should be asked about adjustments that can be made to the interview process to accommodate them. Once a neurodivergent employee has been recruited, adjustments should be discussed. For instance, those with ADHD might benefit from extended time for tasks, which can help alleviate pressure.
Employers should also consider, where possible, putting in place practices for all employees that will assist those with neurodivergence and prevent them from feeling they are being treated differently. For example, employers could encourage regular breaks for all employees. This could help employees with neurodivergence, but can also help all employees be more productive.
Consider implementing mental health support. Offering access to mental health resources, like counselling or coaching, which can be tailored to the needs of employees with neurodivergence, can make a positive impact.
Anything else employers should be aware of in this area?
To ensure all employees are able to thrive in the workplace, employers should be aware that there are many third parties who can assist with training on neurodiversity and how to provide adjustments for employees. Often, when considering adjustments that can be made for neurodivergent employees, employers realise there is more than one way the requirements of a job can be met, and this can lead to greater flexibility for the benefit of all employees.
There are numerous positives in embracing neurodiversity in the workplace. If employers choose not to do so, they not only miss out on these benefits but may also face expensive claims for disability discrimination.
Chris has over 20 years of experience working with top-ranked employment law teams and has been involved in several significant employment law cases.
Throughout his career, Chris has handled a wide range of employment law issues, including discrimination cases, contractual disputes, rights related to TUPE transfers, and boardroom conflicts. He has represented both employers and employees.
He has a particular focus on disability discrimination and long-term illness, as well as on the enforcement of restrictive covenants and how to navigate these situations effectively.