Neurodiversity at work: how can employers drive change?

With Neurodiversity Celebration Week fast approaching (17 to 23 March), the launch of a new advisory panel and recent publication of new Acas guidance are timely. In an effort to enhance workplace inclusivity, the Department for Work and Pensions (DWP) has launched a new advisory panel and Acas has updated its guidance on neurodiversity in the workplace. These developments signal a growing focus on improving employment opportunities for neurodivergent individuals.

Neurodivergent employment in the UK

Neurodivergent individuals, including those with autism, ADHD, dyslexia, and other cognitive differences, face notable barriers in the UK job market. Despite growing awareness and inclusion efforts, employment rates for this group remain disproportionately low. Statistics from the DWP show that while 54.1% of disabled people are currently in employment, this figure is only 31% for neurodivergent individuals. Those neurodivergent individuals who are in the workforce report higher rates of harassment, victimisation and discrimination compared to their neurotypical colleagues

The DWP expert panel

As part of the government’s Plan for Change, the DWP has created an expert panel to improve employment prospects for neurodivergent individuals. The initiative aims to increase the employment rate of neurodivergent individuals to 80%, leveraging input from leading academics to guide employers in fostering a more inclusive job market. The goal of the panel is to identify actions employers can take to create a more inclusive workplace and what the government can do to break down barriers to opportunity for neurodivergent individuals. We can expect to hear more about the panel’s recommendations this summer. 

Acas update

In addition, Acas has developed new recommendations to help organisations support neurodivergent employees. These guidelines highlight benefits such as:

• lower absence levels and reduced employee turnover;
• greater access to a diverse talent pool with unique skills and perspectives; and
• fewer workplace disputes and legal risks.

By making small adjustments, employers can demonstrate their commitment to neurodiversity, encourage open discussions, and provide employees with necessary support.

Recommendations for employers

The Acas recommendations include:

1. Review current recruitment processes to remove barriers for neurodivergent applicants. This can be achieved by:
   • using clear and specific language in job descriptions;
   • offering reasonable adjustments to all, to allow for situations where the applicant has not disclosed their neurodivergence or where they do not consider themselves to have a disability; 
   • providing concrete examples of potential adjustments during interviews and assessments that would be relevant for neurodivergent individuals; and
   • training interviewers to avoid making assumptions base on body language or social interactions of applicants.
2. Train and support managers to support neurodivergent team members effectively by:
   • providing training to managers on providing reasonable adjustments and preventing discrimination;
   • encouraging regular review of their team’s workload and adjustments; and
   • ensuring smooth transitions when management changes occur by providing adequate notice and maintaining continuity in reasonable adjustments.
3. Raise awareness of neurodiversity by:
   • including this topic in mandatory training;
   • setting up staff networks for neurodiversity; and
   • encouraging managers and senior employees to act as role models.

Acas recognises that it can be difficult for employers to support employees whom they suspect may be neurodiverse, but the employee has not confirmed this. The new guidance includes some useful suggestions on how to broach these conversations.

Why is this important for employers?

There are well-established benefits of supporting neurodiverse employees. As well as helping employers retain and recruit talent, Birkbeck research has shown that neurodiverse employees can bring hyperfocus, creativity and innovative thinking.

There are also important legal ramifications if employers are not aware of the risks. Many neurodivergent employees may notperceive themselves as having a disability, but their condition may well meet the definition of disability for employment law purposes. This might leave employers open to potential disability discrimination claims if, for example, they treat a neurodivergent individual less favourably because of something arising from their condition or fail to make reasonable adjustments to address a substantial disadvantage caused by a feature of the employer’s premises or the policies, rules or working practices it has in place. These obligations / risks can arise when an employer is aware, or reasonably ought to have been aware, of the person’s disability. It is important to remember that job applicants and former employees are protected from discrimination in addition to current employees. Getting it wrong can have serious legal, financial and reputational consequences, so we recommend reviewing and taking heed of Acas’s latest guidance.

If you would like any assistance with measures related to neurodiversity and inclusion, please reach out to your Dentons contact.