What do employers need to know about Acas’ guidance on neurodiversity in the workplace?

The Advisory, Conciliation and Arbitration Service (Acas) recently published new advice on neurodiversity to help employers create inclusive organisations and raise awareness at work.

Neurodiversity is often classed as a disability under the Equality Act 2010 (the Act). The Acas guidance explains that neurodiversity covers a number of possible conditions, including perhaps the most commonly known: ADHD (attention deficit hyperactivity disorder), autism, dyslexia, and dyspraxia. In essence, everyone’s brain functions and processes information differently, and those who are neurodiverse often function or process information in an atypical way (although some conditions may involve some form of physical impact also). The guidance describes some of the more typical symptoms and has useful links to other sources of information.

The Act provides employees who are neurodiverse with protection against discrimination and the right to reasonable adjustments at work and indeed during any recruitment and onboarding processes. A reasonable adjustment is a change that an employer makes to remove or reduce a disadvantage related to a person’s disability.

Raising awareness of neurodiversity can help to normalise it and make neurodivergent employees feel more comfortable and supported in the workplace.

Acas’ tips for employers on raising awareness of neurodiversity at work include:

• make it part of their organisation’s mandatory training;
• run awareness days and campaigns;
• encourage senior employees to act as role models;
• set up a staff network for neurodiversity; and
• cover the topic in induction materials.

Supporting a neurodiverse employee

Where concerns arise around work processes and systems (including informal ways of working as well as the work environment) which may impact a neurodivergent employee, there is a need to have honest, open and respectful discussions, as with any employee. 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 (in some cases because of concerns this may draw adverse comment or be regarded negatively).

Working environment and processes should be adaptable and employers must be open to considering changes and modifications, so as not follow a “one size fits all” approach.

Employers must make reasonable modifications (if required) to the plans and adjustments to the role/components and duties, to ensure the employee has the best opportunity of succeeding. Discussions with the employee can be helpful and these should be aimed at, 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 headphones (to reduce sensory overload), a quiet desk or assigned desk (instead of hot desking).

HR, the recruitment manager and/or an appropriately trained manager should facilitate such discussions. If needed, specialist advice and support should be sought. Clearly it is important to ensure these explorations are undertaken sensitively and in a supportive manner.

Informal discussions (resolution) should be the first step, to explore options, in order to comply with obligations to make reasonable adjustments, reduce the risk of discrimination complaints and to avoid grievances, which can be time-consuming for employers, or worse, lead to litigation. Discussions should be solutions-focused, balancing different views or concerns, assessing what is feasible (and reasonable) and what accommodations can be made.

Neurodivergence can mean that individuals have specific strengths. Employers and managers should 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. Equally, individuals should not face bullying, harassment (negative or offensive comments or “teasing”) as a result of their condition.

If you have questions or concerns about Acas’ guidance or neurodiversity in the workplace generally, please contact Audrey Williams.