How can employers support neurodivergent employees?
Neurodivergence is not a protected characteristic in its own right, but Acas says it will often amount to a disability under the Equality Act 2010, bringing protection from discrimination and a right to reasonable adjustments. Employers should offer support with or without a diagnosis, agree individual adjustments and make recruitment, management and policies neuroinclusive.
When neurodivergence is a disability
Acas describes neurodiversity as the natural differences in how people's brains behave and process information. Well-known types include ADHD, autism, dyslexia and dyspraxia.
The Equality Act 2010 lists disability, not neurodivergence, as a protected characteristic. A person is disabled if they have a physical or mental impairment with a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities. Whether a neurodivergent person meets that definition depends on their circumstances. Acas says being neurodivergent will often amount to a disability, and that a worker does not need a diagnosis to be considered disabled.
Adjustments that can help
Acas stresses that adjustments are individual: what suits one person may not help another with the same condition. Examples it gives include:
- noise-cancelling headphones or a quiet place to work
- speech-to-text or screen-reading software and instructions broken into clear steps
- regular check-ins, visual planners and extra reminders
- early warning of changes and extra time to process them
Recruitment and management
Acas recommends making clear that applicants can ask for adjustments without a diagnosis, separating essential from desirable skills, considering sharing interview questions in advance and training interviewers not to judge body language or social behaviour. Managers should be trained on adjustments and discrimination, hold regular one-to-ones and keep agreed information confidential.
Unwanted behaviour related to neurodivergence is likely to be disability discrimination, such as harassment. Access to Work may help with practical support, including for ADHD, autism and dyslexia, but it does not replace the employer's duty to make and pay for reasonable adjustments.
The law
“substantial and long-term adverse effect on P's ability to carry out normal day-to-day activities…”
“A treats B unfavourably because of something arising in consequence of B's disability…”
Sources
- Neurodiversity at work · Acas
- Adjustments for neurodiversity · Acas
- Making your organisation neuroinclusive · Acas
- Definition of disability under the Equality Act 2010 · GOV.UK
- Access to Work: get support if you have a disability or health condition · GOV.UK
General information for employers in Great Britain, not legal advice. Check the official sources for your situation.
What employers can do
- Offer support and adjustments whether or not the employee has a diagnosis
- Agree adjustments with the individual, try them out and review them regularly
- Check job adverts, application methods and interviews for unnecessary barriers
- Train managers on neurodiversity, reasonable adjustments and discrimination
- Review policies, such as zero-tolerance conduct rules, so they allow individual circumstances to be considered
- Consider a neurodiversity policy or section in your equality policy
Recent tribunal decisions on this topic
Tribunal tracker- Dedienne Aerospace UK Ltd Breach of contractDisability discriminationUnlawful deduction from wages Read the decision on GOV.UK
- Betsi Cadwaladr University Local Health Board Disability discriminationPublic interest disclosureUnfair dismissal Read the decision on GOV.UK
- The First Element Group Ltd Disability discrimination Read the decision on GOV.UK
Being listed does not mean a claim succeeded. Read the decision for the outcome; decisions can be reconsidered or appealed. If a listing concerns you, or a decision has since been anonymised or removed, tell us and we will review it and remove it where appropriate.
Related answers
- When must employers make reasonable adjustments? Under the Equality Act 2010, employers must make reasonable adjustments when they know, or could reasonably be expected to know, that a worker or job applicant is disabled and is likely to be put at a substantial disadvantage by a working practice, a physical feature or the lack of an auxiliary aid. The employer pays for the adjustments.
- What are the protected characteristics under the Equality Act 2010? The Equality Act 2010 lists nine protected characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation. In Great Britain, employers must not discriminate against job applicants, workers or former workers because of any of them.
- How should a performance improvement plan work? There is no statutory definition of a performance improvement plan (PIP). Acas guidance says that, if informal steps do not work, a PIP should set specific objectives, a reasonable timeline and any support or training needed, be discussed with the employee and confirmed in writing, and make clear what happens if performance does not improve.