How to support neurodiversity in the workplace

• Employment

Standard hiring practices designed without consideration for neurodiversity in the workplace can unintentionally exclude an overlooked talent pool for businesses.

Despite the growing focus on EDI (Equality, Diversity, and Inclusion), neurodiversity in the workplace remains an often overlooked area, especially when it comes to recruitment. This could be a missed opportunity, as businesses recognise a clear link between EDI and a productive, high-performing workplace.

Recently, John Lewis and Partners made headlines by publishing job interview questions for the roles that they have advertised to allow candidates to prepare answers in advance. The partnership stated that they believe providing the questions beforehand will help reduce nerves during the interview, improve an applicant’s performance and especially assist those who are neurodiverse.

What is neurodiversity?

As explained by the NHS, “neurodiversity refers to the different ways a person’s brain processes information” and provides the following non-exhaustive list of neurodiversity:

1. Autism, or Autism Spectrum Conditions
2. ADHD: Attention Deficit Hyperactivity Disorder, or ADD: Attention Deficit Disorder
3. Dyscalculia
4. Dyslexia
5. Dyspraxia, or Developmental Coordination Disorder (DCD)

Supporting neurodiversity in the workplace has many benefits because a neurodivergent employee could provide unique perspectives and ideas that might not have been considered by someone who is seen to be neurotypical.

Just a few famous neurodivergent individuals include Isaac Newton, Albert Einstein, Charles Darwin and Elon Musk.

Disclosing neurodiversity to an employer

I have been asked by individuals whether they need to disclose the fact that they are neurodiverse to an employer. In response, I confirm that an individual is not legally obliged to inform their employer that they are neurodivergent. I then however explain why an individual may want to disclose their neurodiversity and the benefit of such disclosure for both an employee and an employer.

A lot of neurodiverse people will fall within the definition of disability under section 6 of the Equality Act 2010 (EqA 2010). In short, the definition of disability under the EqA 2010 is that an individual is disabled if they have a mental or physical impairment that has a ‘substantial‘ and ‘long-term’ negative effect on their ability to do normal day to day activities. Day to day activities include things like reading, writing, speaking, social interactions and concentration. Those who are neurodiverse may struggle with a number of these if adjustments are not made.

Reasonable adjustments to support neurodiversity in the workplace

Once an employer is aware that an individual is disabled under the EqA 2010, either being informed directly or through constructive knowledge, they then have a duty to ensure that an individual is not discriminated against. They also have a duty to make reasonable adjustments such as moving an individual to a working space with less noise pollution, providing ergonomic equipment or providing verbal as well as written instructions.

The benefit to the individual who discloses their neurodiversity is that they will be protected under EqA 2010. Also having disclosed their neurodiversity it will be less daunting for them to request time off for appointments or to request reasonable adjustments.

The benefits to an employer knowing of the neurodiversity are that they can discharge their legal duties and in doing so will help to create a culture of support, inclusivity and diversity.

The above however must be caveated by stating that whilst it is obviously useful for employers to know about disabilities and neurodiversity, employers should not send out pre-employment health questionnaires unless they really need to know about something because it is ‘intrinsic’ to the job. For example, whether a scaffolder can climb a ladder.

It is also advised to ask whether a candidate or employee may require reasonable adjustments or any assistance in attending an interview or to complete their duties. In essence any pre-employment health questions should be kept to a minimum and only those questions asked that are completely necessary for an employer to discharge their legal obligations.

What can employers do?

Employers can make simple changes to their recruitment processes and work policies to nurture neurodiversity in the workplace and achieve a more inclusive environment.

Examples include:

1. Using blind resumes. A blind resume is one that does not include any personal details which refer to the applicant’s gender, age, religion, social status, ethnicity or any other information that is unrelated to an applicant’s work capability.
2. Providing applicants copies of the interview questions beforehand (like John Lewis and Partners).
3. Raise awareness of neurodiversity by providing diversity and inclusion training to all levels of seniority within the workforce. This will assist with making a culture where individuals feel comfortable to disclose and talk openly about their neurodiversity.
4. Have a neurodiversity policy. The policy could include examples of reasonable adjustments which are available and signpost individuals to whom and when they should raise their concerns as well as providing details of support available from external organisations.

If you are an employer and would like to find out more about supporting neurodiversity in the workplace, or you would like to discuss another employment issue, then please feel free to contact me directly by calling 012752 203500 or emailing kayleigh.arthurs@GAsolicitors.com.

GA Solicitors’ employment law solicitors in Plymouth are ranked in The Legal 500 and offer effective legal advice with commercial understanding. You can be assured you are in the best possible hands.

You can also read our recent article about the 2024 holiday pay changes here.

All content on this website (inclusive of guides, blogs and imagery) is strictly copyrighted by Gill Akaster LLP, trading as GA Solicitors. It is not to be used by any third party without prior contact and permission. Any requests for content should be sent to katy.mckenna@GAsolicitors.com.