18th July 2024 ❘ Legal News and Commentary
Neurodiversity – Are you an inclusive employer?
Neurodiversity: How do you adopt inclusive and supportive practices? Are you an inclusive employer?
What is neurodiversity?
Neurodiversity is defined as the range of differences in individual brain function and behavioural traits – part of the normal variation of humans and how we experience and interact with the world around us. Differences should not be viewed as deficits, instead they should be recognised and celebrated.
Neurodiversity is often used to describe people who have various neurological or developmental conditions, including autism spectrum disorder, attention deficit hyperactivity disorder (ADHD), dyslexia or learning disabilities. It is a term which is often feared by employers, due to lack of understanding and appreciation of the benefits that neurodivergent workers can bring.
The benefits of encouraging neurodiversity:
By encouraging neurodiversity in the workplace, businesses can benefit from increased innovation, creativity, and diversity of thought. Neurodivergent individuals often possess traits which “neurotypical” individuals do not have to the same extent. For example, people with ADHD often have exceptional problem-solving abilities and people with autism can have a higher than average IQ, can be particularly meticulous and analytical. This is only to name a few of the benefits.
An article published by ICAEW on 22 March 2023, detailed that in the UK, 15-20% of the population are neurodivergent. The same article detailed that ‘according to the National Autistic Society, 45% of neurodivergent people have lost or left their job due to their challenges being misunderstood.’ Lack of understanding of neurological differences coupled with barriers imposed by societal norms, has meant that individuals who are neurodivergent have faced social exclusion, inequity and greater difficulties in obtaining and remaining in employment.
The rate of unemployment is high for those who are neurodiverse, yet many employers fail to truly acknowledge the benefits and the added value a diverse workforce will bring. Neurodiversity has proved to be a business asset and competitive advantage.
Examples of difficulties faced:
BBC News reported earlier this year in March that due to the current shortage in ADHD medication more people have lost or are at risk of losing their job. The article stated, “six per cent reported that they had lost their jobs because of the medication shortage.” The medication helps to manage various symptoms but specifically helps those who struggle to focus on a single task at a time. This shortage no doubt brings greater challenges, but simple reasonable adjustments could be made to help offer support in the workplace.
In February 2024, The Buckland Review of Autism Employment was published. This found that autistic people face greater barriers to obtaining employment with only around 3 in 10 at working in age in employment. Unfair hiring practices, unclear processes, lack of adjustments and outdated attitudes all play a part in preventing this access to work.
In general, employers, managers and HR professionals often report a poor knowledge of neurodiverse conditions and as a result are under-prepared in promoting equality and inclusivity in the workplace. There is still a lot of stigmatisation and generalisation about various conditions. Each neurodivergent individual will experience different symptoms of varying degree, you should not make assumptions. This is something which can be easily addressed by education, awareness and acceptance.
What are the consequences?
Failing to address this, could expose you to reputational damage, litigation and poor retention rates. Employers should not be complacent in thinking they can avert the range and influence of the Equality Act 2010. Those who are neurodivergent will likely satisfy the definition of disability in the Equality Act 2010. Neurodivergent conditions can be considered a “hidden” or “invisible” disability, but this does not preclude the employer from making reasonable adjustments or avoid liability.
What can you do about it?
It is the significant lack of understanding that is creating barriers. The greater the understanding, the more inclusive you will become.
- Training and raising awareness amongst your whole workforce should be at the forefront of your action plan
- Having an equality, diversity and inclusion policy in place is good but you have to ensure it is more than the paper it is written on. Have you provided training? Do staff know of its existence and practical application?
- Challenge these social barriers and adopt a culture of inclusivity for all. In doing so, you will unlock a whole new range of talent which has been undervalued and under appreciated
- For people who have neurological differences, allow reasonable adjustments
- Speak, listen and understand how you can support, this may include offering small adjustments such as allowing a quieter space to accommodate for sensory needs, flexible working, more frequent attention breaks, noise cancelling headphones etc
For further advice on how you can support and train your workforce on neurodiversity and what adjustments you should consider, please contact a member of our Employment team. We also deliver training on the legal issues and neurodiversity which can be bespoke to you and your particular sector.