With increasing awareness of neurodiverse conditions we have seen a marked increase among our clients of issues arising from neurodiversity in the workplace. Unlike many disabilities neurodiversity fares better in the stigma stakes than other conditions. This has been helped by the positive PR from celebrities and business high fliers who have openly celebrated how their neurodiversity may have contributed to their success and some people even refer to their condition as a superpower. I know enough very successful neurodiverse people to be able to attest to the fact that while some workplace adjustments may be needed to facilitate full and effective participation at work the benefits of hiring neurodiverse individuals speak for themselves. In spite of this we do act for neurodiverse clients who have been met with ignorance and misunderstanding but the hope is that this will improve.
To the rescue Acas which has published updated guidance on managing neurodiversity in the workplace. With relative simplicity this guidance is aimed at helping employers create inclusive organisations and raise awareness so that neurodiversity is normalised. There is no excuse for any employer in the 21st century to be ignorant of the issues which neurodiversity may give rise to at work. The advice provides definitions of relevant terminology but warns that the language around diversity is constantly changing so tact is called for there. Tact is also called for in dealing with sensitive information any employee shares around their neurodiversity: they may not want you the employer to share this information widely – it is up to them how it should be managed not for the employer to decide unilaterally.
Neurodivergence may amount to a disability according to the Equality Act 2010 definition of disability. It is not an automatic disability and is subject to the usual test (is it long-term, does it have a substantial adverse impact on daily activities, etc). It will depend on the specifics of the individual case but employers would be well-advised to take reasonable steps to accommodate reasonable adjustments. Of course an employer is only obliged to make a reasonable adjustment if they are aware of the fact of the neurodiversity so it will be necessary to tell your employer about your neurodivergence if you are asking them to assist you. Acas and best practice dictate that where an employer suspects that neurodivergence is in play they must approach the situation with sensitivity and avoid asking probing or intrusive questions. A better way to approach adjustments would be to ask the employee if they are okay and if they need any help.
The Acas guidance also gives practical advice on how to manage capability or conduct concerns for neurodivergent employees. A wise employer will factor in any potential issues arising from neurodivergence before proceeding to discipline or performance manage an employee.
In tandem with the new Acas guidance the DWP has launched a new expert panel with the stated aim of improving employment opportunities for neurodivergent people. The panel, comprising leading academics with expertise in neurodiversity, will advise the government on strategies to support neurodiverse individuals in the workforce.
Data shows that, while 54.7% of disabled people are currently in employment, the figure is only 31% for those with neurodivergent conditions, such as autism. Moreover, the disability inactivity rate was 41.7% in Q3 of 2024, compared to 14.7% for non-disabled people. These gaps highlight the need for targeted support and inclusive practices in the workplace. The panel, headed by Professor Amanda Kirby, will develop recommendations for ministers to address these disparities and promote neuroinclusive practices.
The panel will focus on identifying actions employers can take to create a more inclusive work environment and break down barriers to opportunity for neurodivergent individuals. The panel’s recommendations are expected this summer.
For more information on how we help and advise our neurodiverse clients see our webpage https://didlaw.com/neurodiversity-discrimination or call us to book a free initial consultation if you are experiencing difficulties at work arising from your neurodiversity.
