Acas has published new advice on neurodiversity at work, providing tips for employers on how to raise awareness and be inclusive and sensitive when managing neurodiversity at work.
Is neurodivergence a disability?
Neurodiversity describes the natural differences in how a person’s brain behaves and processes information.
Being neurodivergent will often amount to a disability under the Equality Act 2010, but this has to be determined on a case-by-case basis. Under the Act, a person is disabled if they have a physical or mental impairment which has a substantial or long-term adverse effect on their ability to carry out normal day-to-day activities. The law concentrates on the impact of the condition, rather than its precise medical diagnosis.
Neurodivergence may not always be classified as a disability, but it is often recognised as such. Depending on the circumstances of each case, neurodivergent conditions (including ADHD, autism, dyspraxia, dyslexia, and dyscalculia) have been recognised as disabilities by past Employment Tribunal judgements.
The Equality Act 2010 gives rights and protections to disabled employees, such as the right not to be discriminated against because of a disability and the right to reasonable adjustments.
What steps can employers take to make the organisation neuroinclusive?
Organisations should review their recruitment process to ensure it does not exclude neurodivergent applicants. For instance, employers should consider whether different ways to complete the application are available, and they should make it clear that applicants can ask for reasonable adjustments, including allowing applicants to see the questions before the interview.
Organisations should also train and support managers so they can in turn support a neurodiverse team. This includes training managers to avoid making assumptions based upon an applicant/employee’s body language or social behaviour and on how neurodivergent conditions can manifest themselves.
Organisations should also raise awareness of neurodiversity, for example by providing mandatory training to all staff. This can help neurodivergent employees feel comfortable and supported as soon as they start their employment, without having to share their conditions.
Certain performance management measures will need to be adapted depending on the type of neurodivergence of the person in question, or they may need to be disapplied entirely. In addition, the career development path should be tailored to that person’s ambitions, with the requisite support provided to support them as they progress through the organisation.
Having a neurodiversity policy can help organisations manage consistent standards of inclusion. The policy should state the organisation’s overall commitment to neurodiversity inclusion and acknowledge their legal responsibilities relating to neurodiversity.
Please contact us if you would like more information about the topics raised in this article or any other aspect of employment law at 029 2034 5511 or employment@berrysmith.com.