How to create a neuroinclusive workplace

But one such group, people who are neurodiverse, is a relatively new category – the term neurodiversity was only coined around 1997.

Neurodiversity is an umbrella term which encompasses conditions such as autism, dyspraxia, dyslexia and attention deficit hyperactivity disorder (ADHD). It refers to the fact that people’s brains work differently and all minds are unique. The Chartered Institute of Personnel and Development (CIPD) defines neurodiversity as, “the natural variation in human brain functioning”.

John Robinson is a partner in the Employment Team at law firm Schofield Sweeney. He says: "Implementing small adjustments properly often delivers the biggest impact."

One in five people now identify as neurodivergent, according to current estimates. That is a large part of the workforce.

As a consequence, many employers are now actively creating a neuroinclusive workplace, recognising the unique challenges for neurodiverse employees, but also the huge, largely untapped potential they have, and the benefits they can bring to a business which gets it right. Neurodiverse workers often have skills others do not, including strong organisational skills, pattern recognition, memory skills and creative problem solving.

Achieving this will require HR and DEI specialists, senior leaders, and managers to facilitate action on neuroinclusion, champion neurodiversity and influence workers gain their support.

Practical and legal Implications

There are a number of practical implications for employers seeking to create a neuroinclusive workplace. For example, they are increasingly expected to proactively accommodate and support employees who received adjustments when they were at school and university, as well as employees undergoing testing or who receive a diagnosis later in life.

Failure to address these issues may also lead to increased litigation – disability discrimination claims referencing “dyslexia” increased from zero in 2015 to 111 in 2023, and other conditions have followed a similar trend.

In the event that a neurodiverse worker is disabled under the Equality Act 2010, the employer has a duty to take reasonable steps to avoid that disadvantage. These adjustments may need to be considered during recruitment and employment and include the working environment, the location where work is carried out, working arrangements, and equipment needed.

Traditional recruitment techniques, such as paper application forms and in-person interviews, may pose a barrier for neurodivergent applicants or employees. Eye contact or body language may be important, but it can disadvantage neurodivergent applicants.

Image: iStock

Case study: Government Legal Service v Brooke

A job applicant with Asperger syndrome was required to sit a multiple-choice test. The Employment Appeal Tribunal held that this was an unjustified practice amounting to indirect discrimination and a breach of the duty to make reasonable adjustments.

Other cases have shown how difficult an area this can be for an employer to negotiate. The Tribunals have held that only a loose connection is needed between the “something” leading to the unfavourable treatment of a neurodiverse worker, and the disability. This will be fact-sensitive and sometimes finely balanced.

Case study:  Borg-Neal v Lloyds Banking Group

A manager was dismissed for using the “N word” in a race awareness training session. Most employers could be forgiven for considering the use of the N word to be anything other than gross misconduct.

However, an employment tribunal found that this was disability discrimination because the manager’s dyslexia was a strong factor in how he expressed himself during the session.

This case illustrates the potential difficulties of dealing with neurodivergent workers and the need to consider carefully any action that may be taken against them as a consequence of their behaviour.

Employers need to be adaptable. During recruitment, a one-size-fits-all approach is unlikely to work. Employers should therefore remain flexible and consider alternative approaches to test skills and competence for a role. They should also, consider alternative assessment methods such as trial periods or practical assessments, and provide clear instructions and share job expectations and interview steps in advance.

Creating robust policies

Organisations should consider introducing a clear, practical and measurable policy to enable them to include, support and benefit from neurodiverse employees. This should cover recruitment, workplace adjustments, performance management, career development, and governance.

The guiding principles of this policy should include:

• Respect and confidentiality. Disclosure of neurodivergence is voluntary and should be handled sensitively.
• Strengths-based. The focus should be on talent and job-fit, not deficits.
• Practicality & timeliness. Prompt action on accommodation requests is crucial and avoids complaints and grievances arising.
• Equal opportunity. Fair recruitment, promotion, and development is a legal obligation.
• Continuous improvement. A mechanism to monitor, learn, and iterate is essential to the success of such a policy.

The following steps are the minimum an organisation should take to operationalise this policy.

Leadership and policy adoption

Companies should secure senior or Board level support and publish the policy. The appointment of a senior sponsor with authority to implement the policy would also be very helpful, as would publishing a short leadership statement endorsing neurodiversity in the business.

Awareness and mandatory training

It is important to reduce the stigma of neurodiversity and equip managers to deal effectively with neurodiverse applicants and employees. This can be achieved through company-wide awareness modules – for example, using e-learning or live sessions. Manager-specific training on reasonable adjustments, coaching and communication, and HR training on confidential handling and legal obligations, will be critical to the success of the Policy.

Recruitment and interview adjustments

Making hiring accessible and fair is a challenge, but promises an abundance of rewards if done right. Providing clearer job descriptions including essential tasks, written in clear language taking into consideration sensory or schedule demands, will help ensure that applications from neurodiverse individuals are treated fairly and reduce the risk of disability related claims.

Companies should consider:

• Offering alternative application formats such as email or video.
• Replacing or supplementing long conversational interviews with practical tasks, work trials or take-home exercises.
• Allowing adjustments such as extra time, written questions in advance and quiet interview rooms.
• Preparing recruitment guidelines and an Interview Adjustments Checklist.

Onboarding and the first 90 days

It is important to ensure that new starters joining the company have clarity and support. The provision of an onboarding plan, in writing, before day one is a good idea. If resource permits, a buddy/mentor should be assigned for at least the first 90 days.

Companies should ensure they are able to meet a new employee to agree preferred methods of communication, any sensory needs, and/or reasonable adjustments. Preparing a personalised onboarding checklist would be ideal.

Workplace adjustments and tools

Given the disability discrimination risks, putting reasonable adjustments in place quickly is important. The use of an accommodation request process form and contact person can help maintain any adjustments. Typically, these might include noise-cancelling headphones, a private workspace, flexible hours, written instructions, task breakdowns, screen-reading software, and adjusted deadlines where reasonable.

It is important to keep a written record of agreed adjustments. Sending the employee an email detailing what was agreed helps to create a paper trail in the event of any subsequent disputes over what was agreed. It is also a good idea to build in a review schedule for these.

Communication and meetings

Making day-to-day collaboration accessible, such as sharing agendas 24–48 hours before meetings, and providing minutes afterwards, is recommended. If possible, offer meeting-free blocks and allow camera-off options, and encourage written follow-ups for verbal discussions.

Performance management and feedback

Where possible, performance should be assessed fairly and development supported using objective, task-based KPIs. Offering regular 1:1s with clear agendas and written summaries is helpful.

If performance issues arise, use a supported performance plan that takes adjustments into account before any formal action; reliance on a standard Performance Improvement Plan is unlikely to be effective, and in fact may make things worse.

Career development and retention

Companies should consider the provision of equal access to growth and promotion through the use of mentoring, skills development and internal mobility support. Adjusting assessment methods for promotions, such as allowing work samples, extended timelines, or alternatives to presentation-based interviews, should be considered as part of neuroinclusive environment.

Confidentiality and data handling

All businesses are obliged to protect employee privacy. Keeping medical or diagnostic data in a secure, limited-access file should be a matter of course. Sharing adjustment needs should be only on a need-to-know basis, with employee consent.

Complaints and grievance process

In the event that an employee complains or submits a grievance, it is important to resolve issues fairly and promptly, and in accordance with any relevant policies and procedures. Providing a clear, confidential route for complaints may also assist in avoiding escalation and help with early resolution. Investigating complaints should be done by investigators trained on neurodiversity considerations. This is not a one-size-fits-all approach and may require a very different approach to a usual grievance investigation.

Monitoring, metrics and reporting

Tracking the impact of the Policy can help improve outcomes for the business and the affected employees. This may include tracking the number of disclosure and accommodation requests, accommodation turnaround time, retention rate of neurodiverse employees, employee experience scores (from surveys), and representation in hiring and promotions.

Finally, keep the approach pragmatic. Implementing small adjustments properly often delivers the biggest impact. Involve neurodiverse employees in policy design. Their lived experience is essential and, if successful, will reward your business in ways that only a neurodiverse employee can.

John Robinson is a partner in the Employment Team at law firm Schofield Sweeney. For more information see: www.schofieldsweeney.co.uk/our-expertise/employment-law

E: [email protected]