Chris Hogg of Bloomsbury Square Employment Law discusses ways workplaces can better support neurodivergence during this Week of Neurodiversity Celebration.
Employers are becoming more aware of the benefits that neurodiversity brings to the workplace as more adults in their later years are diagnosed with neurodivergent disorders. Many studies have demonstrated the benefits of having diverse employees. Employees with ADHD, for example, can be creative and innovative. They also work well when under pressure. Hyperfocus can lead to high levels of productivity.
However, employers need to be aware that they could have additional obligations towards neurodivergent workers, whose neurodivergence may fall under the definition of disability as defined by the Equality Act 2010. Employers are required to accommodate an employee with a disability at work.
What policies can employers adopt to support neurodiversity at work?
A policy on equality will ensure that employers can accommodate employees who have ADHD, and are meeting their obligations under the Equality Act. The policy should outline the employer’s obligations to employees with neurodivergence and other potential disabled employees.
The process should include a consultation with the employee who is affected and possibly an occupational health specialist to better understand their disability and discuss and agree on any adjustments that may be needed. You can have flexible start times, shorter and more regular deadlines, the ability to work from home or take time off, etc. The process should be followed to review and update these adjustments periodically.
The employer should have a policy on flexible working to accommodate the right of employees to request flexible work. This right is available to all employees but can be especially useful for those with neurodivergence. If there isn’t one, a robust anti-bullying program that protects neurodiverse workers from bullying should be implemented.
How can employers create and implement such policies?
It is crucial that all parties involved have an opportunity to contribute when drafting these policies. Human Resources, Management, and any employees who may be affected by the policy should all have input. To ensure that policies meet legal obligations, it is important to seek legal advice. Third-party organisations that specialize in helping neurodiverse workers can provide valuable input.
After the policies are finalised and approved by the government, the management and the human resources departments should receive training on how to implement them. This training should be followed up with periodic updates in order to ensure the best practices.
All employees need to be informed of these policies and their rights. When a neurodiverse worker informs their employer, the Equality Policy should be referenced and they are informed of their rights. This includes the right to request flexibility.
What can you do to promote inclusivity at work?
The workplace environment should encourage understanding and support of all employees and acknowledge their diverse needs. It takes time to ensure inclusivity.
It’s crucial to educate yourself and be aware of the implications for each individual as more adults are diagnosed with neurodivergent disorders. Workshops can be a simple way to educate employees about ADHD, dyslexia and dyspraxia as well as other neurodiverse disorders, their characteristics and how they affect interpersonal relationships and work performance. This will help employees to understand neurodiversity better and create an environment that is more accepting.
It is essential that neurodiversity be accommodated from the beginning of recruitment. It all starts with the job advertisement, which can make it clear that accommodations can be provided for neurodiverse workers. During the interview, candidates should be asked what adjustments can be made in the interview process for them. After a neurodivergent worker has been hired, it is important to discuss the adjustments. For example, people with ADHD may benefit from a longer time to complete tasks. This can reduce pressure.
Employers should consider, where feasible, implementing practices for all staff that will help those with neurodivergence, and prevent them feeling like they are being treated differently. Employers could, for example, encourage all employees to take regular breaks. It can help neurodivergent employees, but also make all employees more productive.
Consider implementing mental health support. Access to mental health resources like coaching or counselling, which are tailored to employees with neurodiversity, can have a positive effect.
What else should employers be aware of?
Employers should know that many third parties can provide training on neurodiversity, and how to make adjustments for employees. When considering the adjustments that can made for neurodivergent workers, employers often realize there are more than one ways to meet the requirements of the job. This can lead them to greater flexibility, which is beneficial for all employees.
Neurodiversity is a positive force in the workplace. Employers who choose to ignore neurodiversity may not only miss these benefits, but also be subjected to costly disability discrimination claims.
