It’s Neurodiversity Celebration Week! In this article we consider what neurodiversity means within the workplace, how we can create a more inclusive workforce and encourage a celebration of different minds.
“Neurodiversity refers to the natural range of difference in human brain function, but in a workplace context, it’s an area of diversity and inclusion that refers to alternative thinking styles, such as dyslexia, autism, ADHD and dyspraxia” (CIPD).
It is estimated that around 15% of the population are neurodivergent which translates into one in seven employees. Many people with a neurodivergent condition will not consider that they are disabled. As neurodivergence exists on a spectrum, it will be important (just as it is with any other condition) to consider the effect on an individual employee on a case-by-case basis.
The question of whether an individual is disabled will be answered with reference to the all-important statutory definition in section 6(1), Equality Act 2010 (EqA): ‘A person (P) has a disability if P has a physical or mental impairment, and the impairment has a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities’. Therefore, it is important for employers to understand that the definition in the EqA will encompass many of those who are neurodivergent and this may have the effect of requiring the employer to put appropriate adjustments in place.
Individuals with neurodivergent conditions might be considered to have ‘invisible disabilities’ (subject to meeting the statutory test above) because they are not self-evident and may only impact or become evident in particular situations, or in relation to certain duties. An employer’s obligation to consider and implement reasonable adjustments arises only in circumstances where they know or reasonably ought to know of the employee’s disability and that they are likely to be placed at a substantial disadvantage.
Whilst neurodivergent conditions might potentially amount to a ‘disability’ under the EqA, one must also consider that the concept of, or term, ‘neurodiversity’ is used to provide an understanding that cognitive difference bring positives to be celebrated rather than presenting a deficiency. Designing a truly inclusive workplace for all ‘neurotypes’ can produce real benefits for business. Like other forms of diversity in the workplace, neurodiversity has proved to be a business asset and competitive advantage by ensuring diversity of thought and spurring innovation and creativity.
In an effort to create a more neuro diverse workplace, organisations may need to:
- Revisit their hiring process by casting a wider net, reassess their interview process and expand the roles available (thereby avoiding stereotypical assumptions that might be associated with a diagnosis)
- Create a more conducive work environment which might mean tweaking communication and adapting to an individual’s style of working.
- Provide tailored career journeys which enable both the employee and organisation to grow.
- Make existing policies accessible to neurodivergent professionals and consider implementing a specific policy for neurodiversity, otherwise known as a ‘neurominority policy’ to cover:
- Hiring targets for neurodiverse talent.
- Extensions and exceptions of your organisation’s flexible working policy.
- Workplace environment adaptations.
- A framework for internal support.
- Performance management adaptations.
Overall, employers should embrace the challenge of rethinking their workforce strategies and policies as it will undoubtedly unleash the potential of the neurodivergent workforce thereby opening up opportunities and inevitably making the workplace a better, safer, and more inclusive place for everyone.
If you would like any advice in relation to any points made within this article or any other employment related matter please do not hesitate to get in touch.
For further information, please contact:
Lee-Anne Crossman, Hill dickinson
lee-anne.crossman@hilldickinson.com
