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The Advisory, Conciliation and Arbitration Service (Acas) recently published new guidance on neurodiversity to help employers create inclusive organisations and raise awareness at work.
This is a relatively new and developing area of employment law but it is well recognised that neurodiversity is often classed as a disability under the Equality Act 2010. This means that staff who are neurodivergent are protected from discrimination (including harassment and victimisation) and there is a duty to consider reasonable adjustments to their role. This includes the recruiting and onboarding processes.
The new Acas guidance explains that neurodiversity covers numerous conditions, including the following:
Acas states that raising awareness of neurodiversity can help to normalise the condition and make neurodivergent employees feel more comfortable and supported in the workplace. Their tips for employers include:
Acas instigated a poll in respect of neurodiversity in late 2024 and found that a lack of organisational knowledge about neurodiversity was reported by 45% of those questioned, and 39% said their line managers found it difficult to have a conversation about neurodiversity.
The report provides further advice on supporting a neurodiverse employee and recommends that where concerns arise around work processes and systems, there is a need to have honest, open and respectful discussions as to how these can be addressed and resolved. Acas say it is important to explore concerns openly and recognise that it is common for individuals to mask their condition and be unwilling to be open about it.
Further advice states that the working environment and processes should be adaptable and employers must be open to considering changes and modifications, so as not to follow a ‘one size fits all’ approach.
In terms of making reasonable adjustments, Acas says that discussions with the employee can be helpful, for example, improving understanding of how/why the employee may find processes, systems or aspects of the role difficult or more challenging, the extent to which their neurodiversity is impacting or a cause, and addressing (through modifications and adjustments) those aspects, to support the individual. Some changes may be easy, such as allowing the use of noise-cancelling headphones to reduce sensory overload and providing a quiet space or a workstation that is permanent.
It may be that occupational health or other specialist advice is sought. Discussions should be solutions-focused, balancing different views or concerns, and assessing what is reasonable and what accommodations can be made.
Remember that neurodivergence can mean that individuals have specific strengths. Acas encourages employers and managers to explore these with each individual to recognise the advantages they can bring to a role and achieve success.
Particular care should be taken where conduct or capability issues arise to ensure managers are aware of the impact of any neurodiverse condition on the behaviour or performance of an individual – to avoid unjustified discrimination, and to ensure consideration of adjustments and any mitigation.
Acas encourages all employers to read their new guidance and take steps to ensure that their workplace is inclusive and supportive of neurodiverse employees.
Click here to read the full guidance.
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