Despite the benefits that neurodiverse people bring to the workforce, the world of work can present barriers to neurodivergent individuals. The Buckland Autism Employment Review, published in February 2024, revealed that only around three in 10 autistic people of working age are currently employed, compared with around five in 10 disabled people and eight in 10 non-disabled people.
Read more: Government releases report to tackle barriers autistic people face at work
Failure to foster a work culture that is inclusive for neurodiverse employees could not only mean missing out on strong candidates and facing increased turnover, it could also lead to potential discrimination claims. In some cases, neurodiverse individuals are classified as having a disability as described in the Equality Act 2010: “A physical or mental impairment which has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities”.
Disabled individuals have the right not to be discriminated against because of their disability, or anything arising from it. Without taking proactive measures to avoid potential discrimination, employers will be unlikely to prove they took all practicable steps to have prevented a discriminatory act.
Employers are also under a legal duty to make reasonable adjustments to prevent disadvantages due to disability. Successful claimants are entitled to uncapped compensation, including for injury to feelings. Organisations should therefore be mindful of neurodiversity in all aspects of employment.
Recruitment
Employers should regularly review job descriptions to ensure that they are not requiring competencies that are no longer necessary for the role. A dyslexic applicant, who is otherwise perfectly suited for a vacancy, may not apply for a role that requires “excellent written communication”.
It is important to be aware that a traditional interview may be difficult for some neurodiverse individuals, such as autistic applicants, who may struggle with eye contact or fast-moving conversations.
Facilities and environment
Neurodivergent people can be sensitive to noise, light and smells, so consider offering sensory-friendly work zones, or providing screen filters or noise-cancelling headphones. In some cases, permitting additional homeworking or a flexible schedule may be helpful, so consider neurodiversity when deciding on any flexible working request.
Read more: Return to office policies must work for neurodivergent staff
Clear communication
Some neurodivergent individuals struggle to understand social cues or pick up on unwritten rules. Employers should ensure that instructions and expectations are clearly communicated in plain English, to all employees, and avoid relying on subtle hints, confusing metaphors or vague suggestions.
Training and policies
Employers should ensure that managers have appropriate training on effectively managing neurodiverse staff. Organisations should seek to avoid one-size-fits-all management practices, ensuring that management is tailored to the needs of each individual, wherever reasonable.
A written neurodiversity policy can be a helpful way to signpost support, highlight potential adjustments and raise awareness. This, in turn, can help avoid discrimination, harassment and victimisation, or claims of failure to make reasonable adjustments.
Briony Richards is an associate at Charles Russell Speechlys
This article was published in the July/August 2024 edition of HR magazine.
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