ACAS have recently published some long-awaited guide to help employers understand their obligations to neurodiverse employees, increase awareness and to encourage “neuroinclusive” workplaces.
Neurodiversity is becoming an increasingly common topic of conversation in the workplace, and for good reason. For some employers, the term “neurodiversity” (and a general lack of understanding of its complexities) often brings about uncertainty, which can result in miscommunication and a lack of confidence when managing employees who are neurodiverse.
ACAS’s new guidance has four sections, the first of which aims to help employers understand neurodiversity. It lists some of the most well-known types of neurodivergence as ADHD; autism; dyslexia and dyspraxia, but notes that there are other types and that much is still being researched and understood.
ACAS suggests at the outset of the guidance that, where possible, “identity-first” language is used as many will see neurodivergence as a part of who they are, and not a condition that they have. It also reminds employers that some people may not like terms that others are comfortable with, and employers should be alert and sensitive to this.
The guidance gives examples of how different types of neurodivergence may impact employees in the workplace. For example, it suggests that someone with ADHD might experience more difficulty with concentration, time management and following instructions, but may also be good at thinking creatively. It gives simple examples of measures that certain people may find useful by way of adjustments, which can be considered alongside speaking to the employee about what they would find effective. Making adjustments at an early stage can help avoid an employee being placed at a disadvantage as a result of their neurodiversity.
The guidance goes on to address talking about neurodiversity in the workplace, suggesting that if employees feel more comfortable in talking about their neurodiversity, or are actively encouraged to do so, it can create a healthier workplace environment. Lots of practical suggestions for communication and support are made, and employers are actively encouraged to take steps to make their organisation ‘neuroinclusive’ and to think about how they approach and talk about neurodiversity. Some suggested steps include:
- running awareness days, campaigns and/or training regarding neurodiversity;
- setting up a staff network for neurodiversity; and
- covering the topic in induction materials.
Of course, an employer’s ability to implement such steps will depend on a number of factors and in particular, the size and nature of the employer. But, even simple steps such as using appropriate language and having an “open door policy” will be a good place to start.
Neurodiverse employees can, in many cases, be afforded protection against disability discrimination under the Equality Act 2010. Similarly, if an employee is subject to unwanted conduct related to their neurodiversity, this may constitute harassment and comments regarding neurodiversity could even constitute discrimination by perception. Employers must accordingly be careful not to discriminate against neurodiverse employees.
Handling formal procedures such as those relating to performance, conduct or capability can be found particularly difficult, especially by staff who do not have experience of managing neurodiverse employees in an appropriate way. The guidance sets out some helpful support mechanisms and reasonable adjustments that employers can consider, and it also sets out some examples of where a formal procedure may or may not be appropriate, which is often one of the trickier things to establish. Any processes such as this will need to be carefully and thoughtfully handled. The team here at FSP are well experienced in supporting employers as they navigate these often challenging situations, so please do get in touch if needed.
If you have any questions about the contents of this article, or need help with a particular employment matter – please contact [email protected].
