As awareness and acceptance of neurodiversity have grown, the number of diagnoses has also increased. This growing openness is a positive development, but it also brings new challenges for workplaces. Employers are still learning how to respond, particularly with self-diagnosis on the rise and with the pressures on the NHS preventing medical diagnosis being readily available.

Understanding Neurodiversity and Legal Responsibilities

When performance-related issues arise with employees who are neurodivergent, it is essential to follow a fair and consistent process. Not only are these employees often protected against unfair dismissal (if they have 2 years of service with their employer), but additional protections may also be available under the Equality Act 2010 (Eq Act), if a neurodivergent condition meets the criteria of disability under the Eq Act.

Under the Eq Act, employers have a legal duty to make reasonable adjustments for employees with disabilities. This obligation arises when the employer knows, or could reasonably be expected to know, that the employee has a disability. Failing to meet this duty can result in claims of discrimination, which can be brought from the first day of employment.

It is important for us all to approach individual performance with an open mind. What might initially appear as challenging behaviour could in fact be a reflection of a different way of processing information. By actively supporting the needs of neurodivergent employees, employers not only meet their legal responsibilities but also help create a more inclusive and supportive work environment.

Practical Steps for Employers to Support Neurodiversity:

  • Foster an inclusive culture
    • Build awareness and respect for neurodiversity and provide regular training on neurodiversity.

  • Provide personalised support
    • Use unambiguous language and provide written follow-ups or visual aids where possible.
    • Involve employees in identifying the support they need.
    • Seek expert advice, such as occupational health input, to tailor adjustments effectively.

  • Make practical adjustments to the work environment
    • Modify physical spaces where possible, for example, having quiet zones in the office, adjustable lighting or providing noise-cancelling headphones where appropriate.
    • Support flexible arrangements, such as remote work or flexible hours.

  • Provide assistive tools and technology
    • Provide aids like speech-to-text software and dictation programmes. 

By implementing these strategies, employers can foster a more inclusive workplace that not only supports neurodivergent employees but also enriches organisational culture, resulting in a more engaged and productive workforce. We understand that every business is unique and are committed to providing solutions tailored specifically for you. Please contact us at {{CONTACT_NUMBER}} or email This email address is being protected from spambots. You need JavaScript enabled to view it. to find out more.