New ACAS Guidance on Neurodiversity

For good reason, Neurodiversity is becoming an increasingly common topic of conversation in the workplace. However, for some employers, there is still a lack of understanding of the complexities that may arise when engaging with a neurodivergent individual in the workplace and with a lack of understanding comes a lack of confidence in managers and could result in miscommunication. The guidance is split into four sections.

Understanding Neurodiversity

This section lists some of the most well-known types of neurodivergence such as ADHD; autism; dyslexia and dyspraxia. It makes it clear to employers that this is not an exhaustive list and there are other types being constantly researched and understood.

ACAS suggests that, where possible, “identity-first” language should be used as many will see neurodivergence as a part of who they are, and not a condition that they have. By way of an example, using language like “a person living with Autism” rather than “Autistic”. The guidance also reiterates for employers that some people may not like terms that others are comfortable with, so open lines of communication between employees and employers regarding the individuals preferred language should be facilitated and acted upon sensitively.

The guidance gives useful examples of how different types of neurodivergence may impact employees in the workplace. E.g. in relation to a person with ADHD it suggests they might experience difficulties with concentration, time management and following instructions, but may be good at thinking creatively. It gives simple examples of measures that certain people may find useful by way of adjustments, which can be considered alongside speaking to the employee about what they would find effective. Making adjustments early can help avoid an employee being placed at a disadvantage as a result of their neurodiversity and lessens the possibility of the parties finding themselves in a challenging process (as discussed below).

Talking about neurodiversity

The guidance makes it clear that the more comfortable everybody is in talking about their neurodiversity, and are actively encouraged to do so, the more inclusive and healthier the workplace environment will be for both neurodiverse employees and their colleagues. Some practical suggestions of how employers can make their organisation ‘neuroinclusive’ are set out below:

• – running awareness days, campaigns and/or training regarding neurodiversity;
• – setting up a staff network for neurodiversity; and
• – covering the topic in induction materials.

Of course, the size and nature of the employer will be a relevant factor in whether such suggestions can be implemented but they could be a catalyst for getting open lines of communication going at the very least.

Neurodiverse employees can, if the specific facts support it, be afforded protection against disability discrimination under the Equality Act 2010. Similarly, if an employee is subject to unwanted conduct related to their neurodiversity, this may constitute harassment.

Performance, conduct and capability

Handling formal procedures with an employee who is neurodiverse in relation to performance, conduct or capability can be particularly challenging, especially if the individual managing the process has little to no experience of managing neurodiverse employees in an appropriate way. The new guidance sets out some helpful support mechanisms and reasonable adjustments that employers could implement, and it also sets out some examples of where a formal procedure may (or may not) be appropriate, which we find is often one of the trickier things for employer to establish at the outset.

Making your organisation neuroinclusive

The guidance explains that actively including neurodivergent employees is referred to as “neuroinclusion”. It sets out some ways to do this, including:

• – reviewing recruitment processes
• – training and supporting managers
• – raising awareness of neurodiversity
• – considering support for al employees, so neurodivergent employees can get support without having to share their neurodivergence; and
• – having a neurodiversity policy.

Practical guidance is provided as to how each of these can be achieved, so employers of all sizes can take steps that are proportionate to their resource in place.

The team here at Omny have extensive experience in supporting employers through these often challenging processes, so please do get in touch for further assistance.