NEURODIVERGENT EMPLOYEES AT WORK

An employee's guide on neurodiversity at work from the employment law experts

Marjon Law, specialist employment lawyers is owner-led by Marc Jones, who is ranked and recommended in legal publications as a leading employment law solicitor, with over 20 years of experience practising solely in employment law.

If you are neurodivergent, you may be struggling at work as your employer does not understand the difficulties you may face, and the adjustments needed to accommodate you in the workplace. You may feel lost and alone!

(1) What does neurodivergent mean?

Neurodivergent is a non-medical umbrella term that describes people with variation in their mental functions and can include conditions such as autism spectrum disorder (ASD) or other neurological or developmental conditions such as attention-deficit/hyperactivity disorder (ADHD), Dyspraxia, and Dyslexia. These conditions all fall within the spectrum of “Neurodiversity” and are all neurodiverse conditions. They are generally categorised as a disability within the meaning of section 6 of the Equality Act 2010.

You could suffer from more than one neurodiverse condition.

Neuro-differences are recognised and appreciated as a social category similar to differences in ethnicity, sexual orientation, and gender.

(2) How should employers support neurodivergent employees?

Employers have a statutory duty to make ‘reasonable’ adjustments to all employees’ working conditions if they have a ‘disability’ in accordance with section 20 of the Equality Act 2010.

However, there are more practical steps that employers should take:

Promote accessibility

If you are neurodivergent your employer should find out ways to help you. Everyone has unique needs, and your employer should try to tailor the working environment to you.

Some examples (at little cost to an employer) would be providing physical aids (blue lights, overlays), providing noise-cancelling headphones to those with sensory sensitivities, or building spaces for those who have spatial sensitivities.

Raise awareness

The level of awareness and understanding of neurodiversity is generally low in most workplaces. Therefore, you may be forced to educate your employer who may incorrectly rely on assumptions rather than facts in accommodating neurodivergent employees.

Since research shows that employees perform better when they can be themselves at work, providing open education and discussion about neurodiversity will help you fulfil your true potential.

Provide time and options

Your employer should:

allow you more time to digest and record information
provide flexibility on the way things are done and not be too rigid
allow you to draw, write or record if it helps you to process and/or remember information
allow you additional time to re-read and repeat tasks.

Access to Work can provide financial support to help you in your workplace.

Recognise and embrace differences

Your employer should resist imposing strict policies and generalising. Everyone is different, and employers need to be flexible when responding to your needs. For example, placing an employee on a performance improvement plan because of perceived failings in the way they work without properly taking into consideration that they are neurodivergent would most probably be an act of disability discrimination.

(3) What if your employer ignores your needs?

If you are neurodivergent and your employer (or a work colleague) treats you badly by ignoring your condition and/or failing to provide support, this may impact your mental health. You may wish to leave or pursue an employment tribunal claim. However, we strongly advise that you take appropriate legal advice before doing so.

Comment

Whatever your situation and contrary to what is reported in the media, many employers (irrespective of their size and resources) fail to understand neurodivergent employees and provide adjustments for them. We are hear to help!

This blog does not constitute legal or other professional advice. Appropriate legal advice should be sought for specific circumstances and before action is taken.

Why choose Marjon Law for advice and representation on neurodiversity in the workplace?

We have been advising on neurodiversity and disability discrimination for over 20 years. We have been involved directly and indirectly with hundreds of employment tribunal claims for clients, many of which have involved disability discrimination.

As specialist employment lawyers, our clients' interests are paramount to us.

We ensure that all our clients receive the best advice possible.

We will advise on whether your employer has treated you correctly and if not, on your options.