NEURODIVERSITY IN THE WORKPLACE

1. WHAT IS NEURODIVERSITY?

“Neurodiversity”, “neurodivergent” and “neurodivergence” are words which relate to the concept that certain individuals’ brains work and interpret information in a different way to those who are deemed “neurotypical” (ie those who interpret information in the way that is expected).

It is commonly recognised where individuals have been diagnosed with neurological conditions such as:

• Autism

• Dyslexia

• Dyspraxia

• attention deficit hyperactivity disorder (ADHD).

These neurological conditions are recognised as “spectrum conditions” meaning that individuals are affected based on where they lie on the spectrum, eg one employee with autism may be placed at a different point on the spectrum compared to another autistic employee and, as a result, their autism affects them differently.

It is important, however, to remember that individuals may be neurodivergent even if they have not been diagnosed with one of the above, or other, neurological conditions. Indeed, it is estimated that approximately 15% of the UK’s total population is neurodivergent which makes it highly likely that neurodivergent individuals are making up a similar proportion of the UK’s workforce.

2. WORKPLACE ADVANTAGES OF SUPPORTING NEURODIVERSITY

In a similar fashion to how the benefits of diversity in terms of gender, ethnicity, age, etc are recognised, there are a wide range of advantages in creating a workplace that is supportive and inclusive of neurodivergence.

Neurodiversity is associated with workplace benefits including:

• higher levels of innovation

• creative thinking

• lateral thinking

• highly specialised skills

• analysing strategically.

As well as the above, supporting neurodivergent employees at work makes it more likely that the workforce will be more diverse than in organisations where neurodiverse employees feel poorly supported and, as a result, leave for alternative employment. Diverse workforces are understood to lead to more innovative thinking, better teamworking, and being able to better understand and respond to customer needs.

In addition, most organisations will state within their equal opportunities policy that they are an equal opportunities employer, and they aim to support all employees regardless of their background, diversity, gender, age, etc. In order to provide equal opportunities to all employees, organisations will be required to provide support to those employees who may suffer disadvantages in the workplace including, but not limited to, neurodivergent employees.

3. POTENTIAL MANAGEMENT DIFFICULTIES

As neurodivergence is recognised on a spectrum, the particular support or management that is needed by employees will vary from individual to individual. As such, this can create difficulties where organisations attempt to adopt a “one size fits all approach” to their neurodivergent employees. Although this may provide support to one employee, it may not suit others who may face greater issues or negative treatment as a result.

Identifying neurodivergence and those employees who require additional support can be more difficult than identifying other management issues, such as recognising symptoms of stress or identifying repetitive lateness. For example, it will not be appropriate for a manager to approach an employee and point out indicators of neurodiversity that they have noted in order to start a discussion about workplace support. The difficulty with understanding when an employee is neurodivergent and starting a discussion about workplace support can be addressed by creating an inclusive environment where neurodiverse employees feel supported and encouraged to speak about this with their line managers, initially making a disclosure about their neurodiversity so this can be further discussed.

In a similar fashion to other health matters, discussing neurodiversity with any employee is likely to be a sensitive and highly personal matter. Managers need to ensure they are comfortable with carrying out conversations on this area and ensure these are appropriate and sensitive at all times.

4. INTRODUCING A NEURODIVERSITY POLICY

As a first step towards meeting your commitment to create an inclusive environment for neurodiverse individuals, you can introduce and follow a neurodiversity policy. The policy can set out how your organisation will manage, support and amend certain practices in order to accommodate and provide a positive workplace experience for neurodivergent employees.

As a starting point, a neurodiversity policy can set out:

• the organisation’s understanding of neurodiversity

• the organisation’s commitment towards neurodiverse employees

• the legal requirements that apply

• how individual support will be offered

• encouragement to employees to notify managers of their neurodivergence

• the making of reasonable adjustments

• how an inclusive environment will be fostered

• the responsibility to prohibit harassment and discrimination.

Each neurodiversity policy will differ depending on the organisation and the extent of support that can, and will be, offered. Our template neurodiversity policy can be amended to meet your organisation's needs.

You may decide to introduce a neurodiversity policy immediately, or wait until an employee notifies you of their neurodivergence before setting this in place. Whilst the policy may seem redundant until this notification takes place, it is important to remember that some members of the workforce may be neurodivergent even though they don’t have a medically diagnosed neurological condition. Additionally, as the policy itself is used to encourage employees to notify appropriate individuals of their neurodivergence and to provide reassurance that this will be treated appropriately and sensitively, without such a policy employees are likely to be more reluctant to raise this initially.

The neurodiversity policy should be reviewed periodically and updated. It may be good practice to create a neurodiversity taskforce or champion who speaks to neurodivergent employees within the business to help develop and enhance the policy on an ongoing basis. Where changes are made to the policy, you should notify employees of these so they can review the updated policy.

5. RECOGNISING NEURODIVERSITY AS A DISABILITY

The legal definition of a disability in the Equality Act 2010 includes mental impairments which have a substantial and long-term adverse effect on an individual’s ability to carry out normal day-to-day activities. As such, this definition is capable of providing neurodiverse employees with disability protection.

It is key that you ensure internal practices and procedures are not discriminating against any individuals because of their neurodiversity. One example of this (as shown in the case of Government Legal Services v Brookes) is where shortlisting decisions during the recruitment process are made using psychometric testing, as neurodiverse employees may have difficulty with interpreting hypothetical examples and/or selecting from multiple choice answers.

To ensure neurodiverse employees are protected against discrimination, key considerations include the following:

• including neurodivergence in diversity training sessions provided to all new starters as part of their induction training

• ensuring neurodiversity is covered in periodic and repeated diversity sessions

• covering neurodiversity and workplace support for neurodivergent employees in equal opportunities training

• providing management training on neurodiversity

• encouraging disclosure of neurodiversity from employees to ensure this can be recorded and taken into account going forwards.

6. ENSURING PROTCTION FROM HARASSMENT

As neurodivergence is likely to be classed as a disability under the Equality Act 2010, you have an obligation to ensure that neurodivergent employees are not being subjected to harassment.

There is a high risk that harassment regarding neurodivergence may occur, whether this is through innocent jokes, nicknames, physical contact or other forms of verbal or written communication, such as emails, posters, messages, etc. Organisations will be held responsible for any harassment to neurodivergent employees by their colleagues during the course of their employment, and may face high levels of turnover as well as having to defend employment tribunal claims. There will be a defence to a harassment claim if the organisation can show they took all reasonable steps to prevent the unlawful behaviour occurring. Alongside creating this legal defence, preventing harassment occurring in the workplace will help to create a work environment where differences are celebrated and supported, rather than used to alienate individuals.

To reduce the risk of harassment occurring in your workplace, you should ensure that neurodivergence is covered in internal harassment training, policies and awareness activities.

It will also be important to reiterate that harassment is viewed from the perception of the “victim” so long as this is reasonable, therefore, those with neurodiverse conditions which cause them to interpret communication more literally than others could be deemed to be harassed in different scenarios. It is important, therefore, that appropriate conduct and communication is reiterated to all members of your workforce to ensure the risk of harassment occurring is minimised as far as possible.

Should harassment occur, ensure that your neurodiversity or harassment policy clearly sets out how to raise a complaint as this will help neurodivergent employees bring this matter to your attention, allowing it to be actioned appropriately.

7. MAKING REASONABLE ADJUSTMENTS

As neurodivergent employees will be classed as disabled under the Equality Act 2010, you will have a legal duty to make reasonable adjustments to the workplace to address any substantial disadvantages the neurodivergent employee faces when compared to a non-disabled employee.

Examples of workplace adjustments which may be appropriate for reducing disadvantages faced by neurodivergent employees may include the following:

• providing clarity over tasks and deadlines

• amending work duties

• allowing flexible working hours

• providing a fixed desk in a hot-desking environment

• adjusting seating plans.

Certain changes to the workplace and the working environment may also be necessary to meet the duty to make reasonable adjustments, so long as these are reasonable to make and address the disadvantage faced by the employee.

As neurodivergent employees will face different disadvantages depending on the type of neurodivergence they experience and where they lie on the “spectrum”, it is best practice to:

• invite the employee to a meeting to discuss appropriate workplace adjustments

• introduce adjustments on a trial basis to ensure they are having the required effect

• proactively review adjustments regularly, ensuring the employee is part of the review

• make amendments to adjustments if they are no longer effective.

The duty is only to make adjustments that are reasonable so you will need to review the reasonableness of discussed adjustments. This does not mean, however, that an adjustment which is deemed unreasonable cannot be introduced if this will be suitable, however there is no requirement to do so.

A failure to make appropriate and reasonable adjustments will be a breach of the legal duty which can lead to an unlimited compensation award at the employment tribunal.

8. MAKING WORKPLACE CHANGES

As neurodivergence affects the way that an individual interprets information, the workplace environment can have a greater positive, or negative, impact on neurodivergent employees. For example, certain neurological conditions, such as autism, are recognised as making individuals more sensitive to sensory inputs. This means the noise and sights of the working environment will have a greater impact on autistic employees when compared to neurotypical individuals, or those with different types of neurodivergence.

Workplace alterations which you can consider to help remove workplace distractions and ensure the work environment is suitable for neurodivergence may include:

• allowing dividers to be used to segregate certain areas

• providing quiet desks or offices

• situating employees away from busy doors or walkways

• introducing a breakout area

• providing visible operating instructions next to work equipment such as printers

• allowing meeting rooms to be used as quiet spaces when booked in advance

• have quiet working hours or days

• permitting noise cancelling equipment to be used by employees eg headphones or earplugs

• asking employees to reduce noise levels when at their desks during working hours.

As discussed in relation to reasonable adjustments, not every workplace change will be suitable for every neurodivergent employee, and what type of workplace one neurodivergent employee finds suitable will not be the same as another neurodivergent employee. It will be useful, therefore, to discuss workplace changes with each employee or set up a taskforce to help design a work environment that is inclusive for neurodivergence.

It is important to remember that certain workplace alterations may fall within your duty to make reasonable adjustments where these are reasonable to make, in all the circumstances, and have the effect of reducing or removing the disadvantages faced by the neurodivergent employee.

9. MAKING THE RECRUITMENT PROCESS MORE INCLUSIVE

Alongside the duty to make reasonable adjustments, there are steps that you can take to make the recruitment process more inclusive for neurodivergent individuals. Small changes to how you normally advertise roles and carry out interviews could help you attract more neurodiverse applicants, and provide appropriate support for those who apply.

Certain areas you could consider include the following:

• ensure the job description or recruitment advert clearly outlines the requirements of the role and the objective criteria that are essential to the selection process

• where the application form or advert asks for the applicant to make the organisation aware if reasonable adjustments are needed, ensure the wording is expanded to make it clear that this covers any adjustments needed due to neurodivergence

• review the use of psychometric testing and whether this is necessary to meet the aims of the recruitment process. Neurodivergent employees may require adjustments such as sending written answers to specific questions

• provide shortlisted candidates with information on the interview, including what this will entail, the use of any tests, whether competency-based questions will be used etc

• provide managers with training on unconscious bias and neurodiversity to ensure discriminatory decisions are not being made based on body language or communication stereotypes

• consider using practical assessments or short trials to assess suitability for roles, rather than solely relying on interview questioning

• ensure interview rooms are quiet, private and free from distractions including any material placed on walls or notice boards.

10. RAISING NEURODIVERSITY AWARENESS

In recent years, many organisations have started recognising and raising internal awareness of how diversity can have a positive impact on their business, from gender diversity to black, Asian, mixed race and other ethnically diverse employees, diversity. The same awareness and understanding of neurodiversity should be encouraged to ensure all members of staff understand neurodivergence and are aware of how this can impact their colleagues.

You may wish to consider the following when looking to raise neurodiversity awareness in your organisation:

• include neurodivergence and neurological conditions in relevant internal policies and procedures, eg the equal opportunities policy, the anti-bullying and harassment policy and the code of conduct

• introduce a specific neurodiversity policy which contains explanatory information, including what neurodivergence is

• carrying out awareness sessions on neurodiversity

• ensure diversity training, including that on harassment and discrimination, specifically covers neurodivergence.

An organisation which is aware of neurodiversity and how this can affect colleagues, from interacting with colleagues to noise in the workplace, will ensure there is a more tolerant and positive workplace culture which does not alienate or segregate neurodivergent employees.

Raising awareness will also encourage more effective team work as employees understand the strengths of their colleagues and become better at working together. Happy and engaged employees working in a diverse and inclusive work environment are acknowledged to be more productive members of staff.

11. CREATING WORKPLACE SUPPORT

Neurodivergent employees can make up a proportion of most workforces, although this is likely to be a minority proportion. Therefore, neurodivergent employees may feel that they are segregated or do not have others within the workplace who they can seek support from. This may lead to feelings of isolation or segregation which can, in the long run, lead to neurodivergent employees leaving the role to go to an alternative organisation where they feel more supported.

Creating a support network for neurodivergent employees can help to create a positive work environment that celebrates, and encourages, neurodiverse employees. When looking to create a support network, you can consider the following areas:

• introducing a neurodiversity taskforce that is made up of a number of employees who are responsible for leading neurodiversity initiatives and understanding

• training a member of management to be a neurodiversity lead who is responsible for leading neurodiversity initiatives

• creating a buddy system where neurodivergent employees are supported in workplace matters.

Allocating responsibility to a certain member of staff or collective group, whether this includes those who are neurodivergent or not, ensures that this issue is not one which gets addressed intermittently. Instead, the taskforce can be responsible for:

• reviewing workplace practices proactively to ensure these are suitable for neurodiverse employees

• speaking to neurodivergent employees and seeking their views on the work environment

• organising training sessions and leading awareness days on neurodiversity.

As always, the key individual responsible for supporting neurodivergent employees at work will be their line manager, as they will have daily contact with the employee and will be in a position to monitor their workload, or adjust the working environment. Therefore, line managers need to receive appropriate training and management support to ensure they are capable of positively managing neurodivergent employees.

12. MANAGEMENT SUPPORT

Those who manage neurodivergent employees will need to ensure they have appropriate skills and awareness to ensure they can guide, support and manage these employees positively and constructively.

The first step to ensuring that managers have the appropriate tools to do so, is to ensure that management recruitment decisions are based on having appropriate management skills and experience, rather than based on other factors such as their length of service. In cases where managers do not have prior management skills or experience, it is key that they are provided with proper management training that covers people management in detail.

Other areas that can be looked at to ensure managers are equipped to manage and support neurodiverse employees include:

• providing all managers with specific neurodiversity awareness training, and ensuring this is repeated on a periodic basis

• providing more extensive people management training to those managers with neurodivergent team members, such as clear communication, carrying out sensitive conversations and empathy

• introduce a neurodiversity policy which provides information for managers to follow and

• ensure managers read, understand and can locate the policy whenever necessary

• ensure managers are aware of their legal duties in relation to all disabled employees, including the proactive duty to make reasonable adjustments

• introduce a reasonable adjustments plan which can be used to record, and review, reasonable adjustments in place for employees. This can be stored on the employee’s personnel file and used to inform new line managers of the adjustments that are in place

• make managers aware of alternative support systems that are in place for neurodivergent employees and ensure they feel comfortable signposting employees to these, eg Employee Assistance Programmes.