What does the Acas Guidance say?
The Acas Guidance emphasises that people think differently and that some individuals are better at some tasks and poorer at others, and that employers need to accommodate this difference in practical ways.
Acas suggests that raising awareness of neurodiversity in the workplace can help to normalise it and make neurodivergent employees feel more comfortable and supported in the workplace. Practical steps to raise awareness can include:
Why is it important to employers?
Generally speaking, a lot of neurodivergent people do not see themselves as disabled but will often be considered as having a disability under the Equality Act 2010 (the “Act”). Should they qualify as having a disability under the Act, they will be protected from discrimination and victimisation and will have the right to reasonable adjustments in the workplace as well as during any recruitment and on-boarding process.
A reasonable adjustments is a change to an employee’s workplace and/or role that removes or reduces a disadvantage related to that employee’s disability. Discussions with the employee can be helpful in identifying potential reasonable adjustments – these discussions should be at aimed at understanding how / why the employee may find processes, systems or aspects of their role difficult or more challenging, the extent to which their neurodiversity is impacting their ability to carry out their role and addressing those aspects (through potential modifications and/or adjustments) so as to support the employee. These discussions should be solutions-focused, balancing the different views and assessing what is reasonable and what adjustments and/or modifications can be made.
It is also important to note that neurodivergent employees should not be subject to bullying and/or harassment. It is therefore essential that HR and senior managers are appropriately trained to identify a neurodivergent person, facilitate discussions with them so that support can be implemented where needed and are able to handle conduct or capability issues as they arise so as to avoid the risk of discrimination and ensure the consideration of any adjustments that may be needed. It is essential that these explorations are undertaken sensitively and in a supportive manner.
Whilst employees are not obligated to disclose neurodivergence, raising awareness in the workplace not only helps normalise neurodiversity but it also helps ensure employees get the support they may need and can help: