ACAS has published new advice to raise awareness of neurodiversity at work, which can be accessed on their website: Understanding neurodiversity – Neurodiversity at work. The guidance includes tips for employers on how to raise awareness of neurodiverse conditions, increase inclusivity and sensitivity when managing neurodivergent employees, and how to avoid discrimination claims.
Neurodiversity is a description for the natural differences in how people’s brains behave and process information. This includes, but is by no means limited to, the following:
- ADHD (attention deficit hyperactivity disorder): the NHS describe this as a condition that affects people’s behaviour. People with ADHD can seem restless, may have trouble concentrating and act on impulse.
- Autism: a condition that affects how a person perceives and relates to the world around them.
- Dyslexia: a common learning difficulty that mainly causes problems with reading, writing and spelling.
- Dyspraxia: a common disorder that affects movement and co-ordination.
Barriers faced by neurodivergent employees
ACAS advises that while many neurodivergent people do not see themselves as disabled, they will often be considered disabled under the Equality Act 2010. Employees may mask their condition at work, sometimes without realising it. The Guidance explains that masking can lead to mental health issues and may leave a neurodivergent employee feeling exhausted and isolated.
A recent ACAS poll with 1650 line managers indicated that one barrier to implementing reasonable adjustments for neurodivergent employees is employees not disclosing the need for a reasonable adjustment.
Steps employers can take
- Talking about neurodiversity
ACAS guidance explains that discussing neurodiversity in a sensitive way helps create an inclusive workplace where all employees feel comfortable and supported. It can also prevent potential problems at work.
While neurodivergent employees don’t have to disclose their neurodivergence to their employer, they may choose not to because they are concerned about a negative reaction or being stereotyped. However, employers can take proactive steps to foster a neuroinclusive environment by raising awareness. These steps include:
- Having open and respectful conversations: If an employer suspects an employee may be neurodivergent, they can gently talk to the employee about their observations.
- Promoting available support and reasonable adjustments: Clearly highlight the support systems and adjustments that may help neurodivergent employees thrive.
- Review of the recruitment process
Recruitment processes should not exclude neurodivergent applicants. For example, when advertising a job, employers should state that applicants can request reasonable adjustments and provide specific examples of what these might include.
Additionally, at the interview stage, employers should ensure interviewers are trained to avoid making assumptions based on body language and social behaviour.
- Training managers to support neurodivergent employees
Managers should be equipped with the necessary skills and support to effectively manage neurodivergent employees. As well as training on handling reasonable adjustments and preventing discrimination, this support could include dedicated time to promote neurodiversity inclusion and access to resources such as HR guidance or occupational health advice.
• Having a policy on neurodiversity
Employers might consider introducing a separate neurodiversity policy or incorporating neurodiversity into an existing diversity and inclusion policy. This would help address their legal responsibilities and demonstrate a clear commitment to neurodiversity inclusion.
If you have any questions about implementing these proposals, including developing a neurodiversity policy, please get in touch with a member of the employment law team.
Published 19 March 2025
