Reasonable adjustments for neurodiverse employees

It is a well-established principle of equality legislation that employers have a duty to make reasonable adjustments to support disabled workers.

 

What is reasonable will depend on the particular circumstances but could include measures such as:

• Finding a different way to do something, such as providing training in a different way, allowing extra time for certain tasks or considering different ways of distributing work
• Making changes to the workplace, such as installing a ramp, providing extra lighting, and reorganising the layout of a work area
• Changing someone’s work patterns, for example, by introducing flexible working or changing someone’s working hours
• Providing specific equipment or support, such as adapting equipment or providing software to make emails and documents accessible.

 

Under the Equality Act 2010, a person is considered to have a disability if they have a physical or mental impairment, and the impairment has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities. This definition has the potential to cover a wide range of conditions, many of which may not be obvious to the casual observer. Indeed, many people who could be covered by this definition would not consider themselves to be disabled.

 

Neurodiversity is a term used to describe natural differences in how people’s brains behave and process information. Our understanding of neurodiversity is constantly evolving as research into the subject progresses.

 

Among others, neurodiversity covers conditions such as ADHD, autism, dyslexia and dyscalculia; in some cases, conditions such as these may be severe enough to meet the definition of a disability.

 

In a recent survey ACAS (the Advisory, Conciliation and Arbitration Service) found that employers faced significant barriers to making reasonable adjustments for a neurodivergent employee in their organisation. The most common of these were:

• Neurodivergent employees do not disclose that they need a reasonable adjustment
• Lack of knowledge among line managers about how to make a reasonable adjustment for a neurodivergent employee
• Lack of organisational knowledge about neurodiversity
• Line managers find it difficult to have a conversation about reasonable adjustments with a neurodivergent employee

 

In order to help employers make adjustments, raise awareness and create inclusive workplaces, ACAS has published new neurodiversity advice.

 

The advice can be found on the ACAS website.

 

If you have any questions or would like support with managing issues at your workplace, please speak to your usual contact or get in touch using the form below.