The Buckland Review of Autism Employment, published in February 2024, identified that autistic jobseekers often struggled due to generic job descriptions which they could not satisfy, interview questions and approaches which were not adapted to fit their needs and challenging sensory environments.
What is clear, is that there is a significant group of people who have a different way of approaching work and face challenges due to their neurodiversity, with many of those excluded from the workplace as a result.
Treating neurodiverse employees negatively can run the risk of disability discrimination claims. Of course, these claims will only be successful if an individual can show that they are disabled as defined in the Equality Act 2010. However, given that many neurodiverse individuals struggle with normal day-to-day activities and that the impact is often substantial and always long term, meeting the definition will be straightforward for many.
If neurodiverse individuals are disabled and are treated less favourably because they struggle to follow a set pattern of work, they could also argue that they have suffered discrimination arising from disability. Alternatively, if an employer fails to make reasonable adjustments to help them overcome any disadvantage experienced due to being neurodiverse, they could be successful with a direct disability discrimination claim.
Organisations will be at different stages in understanding and acknowledging the need to address neuro-inclusivity, but a shift in focus from compliance to active engagement is crucial to creating a neuroinclusive environment. By engaging with employees about the challenges they face, employers can work collaboratively to remove these barriers. Neurodiverse employees understand their own needs better than anyone else and they should be encouraged to share in order to help build an inclusive workplace.
Celebrating the different ways people work is key. By focusing on outputs rather than the process, employers can help to encourage creativity and innovation, as well as supporting neurodiverse employees.
Employers also need to think about varied approaches to recruitment activity. There will be instances where neurodiverse individuals may struggle to follow interview questions or find it difficult to be in a one-on-one setting with an interviewer. Additionally, activities such as presentations and speaking up in meetings can be challenging.
Talking to neurodiverse employees to understand their experiences and what they may struggle with is recommended. This will help to create tailored approaches to assessing skills and offering employees, or potential employees, the best opportunities to thrive.
Neurodiversity will vary from person to person so that tailored approach, with communication at its crux is critical. Employers need to ask what it is they are struggling with and consider whether a reasonable adjustment or accommodation to remove challenges or barriers can help. Employers have a duty to garner the best of their workforce and break down barriers. Not only will this help to create an inclusive culture, but one in which high-performing teams thrive.
Sarah Tahamtani is a partner and head of employment and business immigration at Clarion
