ACAS Urges Employers to Support Neurodiverse Staff

The Advisory, Conciliation and Arbitration Service (Acas) has called for employers to prioritise the needs of neurodiverse staff at work. Backed by research, Acas is highlighting the legal obligations of employers and the strategic advantages of creating a neuroinclusive workplace.

Below, we examine Acas’s latest guidance, the legal context, and practical steps employers can take to support a thriving workforce. If you have any questions about neurodiversity at work or believe your rights have been breached, contact us today. Redmans Solicitors are employment law specialists, and following a quick chat, we can answer your queries and discuss your possible next steps.

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Acas Highlights the Necessity of Supporting Neurodiverse Staff

Acas has stated that employers have a crucial role in supporting neurodiverse staff, both from a legal and strategic perspective. This comes following independent research from Birkbeck, University of London, conducted on Acas’ behalf. The study spotlighted the significant benefits of embracing a neuroinclusive workplace—not only for employees, but employers themselves.

The organisation’s research outlines that employees can enjoy increased job satisfaction, improved work-life balance, and reduced stress. Employers can see improvements in staff retention, productivity, and innovation. With 15% to 20% of UK adults being neurodivergent, according to Acas’ Interim Chief Executive, Dan Ellis, this makes the substantial gains all the more crucial.

Ellis went on to explain that the adjustments required to provide neurodiversity support are often quick, inexpensive, and straightforward to implement. As such, organisations shouldn’t be put off from taking decisive action—the benefits from being proactive are achievable and appear profound.

Crucially, though, Acas emphasises that supporting neurodiverse staff mustn’t hinge on whether individuals disclose their condition or have a formal diagnosis. Many neurodivergent individuals may prefer to keep their condition private or not have been diagnosed formally. In any event, the lack of disclosure or diagnosis shouldn’t hinder necessary support, as businesses that champion neurodiversity at work can enjoy diverse perspectives and a more productive workforce.

Understanding Neurodiversity and Its Recognition Under UK Employment Law

Neurodiversity is the concept that neurological differences—such as those experienced by individuals with autism, ADHD, dyslexia, and other similar conditions—should be recognised and respected as a natural variation of the human experience. Just as we recognise the importance of cultural, racial, and gender diversity, neurodiversity promotes acceptance and understanding of the differences in how people’s brains work.

Neurodiversity at work can arise in a multitude of ways. That being said, some of the most commonly encountered conditions include:

  • Autism Spectrum Disorder (ASD) – A developmental condition that affects communication, social interaction, and behaviour. It can lead to individuals being sensitive to sensory stimuli and feeling more comfortable working in environments that offer routine and structured processes.
  • Attention Deficit Hyperactivity Disorder (ADHD) – Defined by challenges with concentration, impulsive behaviour, and heightened levels of activity. ADHD can affect organisational skills, time management, and the ability to stay on task.
  • Dyslexia – A learning difficulty that affects reading, spelling, and writing. People with dyslexia may struggle with processing written information but often excel in verbal communication and creative problem-solving.
  • Dyspraxia – A condition affecting coordination and movement. People with dyspraxia may struggle with activities that involve motor coordination, including using a keyboard, handwriting, or moving through busy environments.
  • Tourette’s Syndrome – A condition involving involuntary movements and vocalisations known as tics. Although the condition may present challenges in the workplace, individuals with Tourette’s often have other strengths, such as high levels of creativity.

It’s important to note that neurodiverse staff aren’t automatically considered disabled under UK law. However, if an individual’s symptoms satisfy the Equality Act 2010 definition concerning disability, they will be entitled to support and protected from discrimination. Therefore, it’s essential to acknowledge the legal scope to understand the associated rights and entitlements.

Is Neurodiversity a Disability?

Neurodiverse staff will be considered disabled if they satisfy the definition of disability under the Equality Act 2010. This legislation states that a disability is a physical or mental impairment that substantially impacts one’s ability to undertake regular daily activities over the long term. Should an employee’s neurodiverse traits satisfy this definition, they would be protected from disability discrimination and entitled to reasonable adjustments.

Employer Neurodiversity Support

One of the most significant aspects of supporting neurodiverse staff is implementing reasonable adjustments. By law, these changes must be made for individuals who are substantially disadvantaged by a legally defined disability that the adjustment would remove or reduce.

Reasonable Adjustments for Neurodiverse Staff

Since each individual’s condition will differ, the adjustments that need to be made will vary, too. When employers are determining the “reasonableness” of an adjustment, they will consider factors like the cost, practicality, and effectiveness. In practice, some of the reasonable adjustments an employer might consider include:

  • Physical Environment Changes – Employees with neurodiverse traits could struggle with particular physical stimuli. For example, an autistic individual may find it difficult to concentrate in bright or noisy environments. By providing noise-cancelling headphones or dimming the lights, employers can help improve their concentration, well-being, and overall productivity.
  • Flexible Working Arrangements – Should the office environment provide too much sensory overload, providing the option to work from home could be a solution. Alternatively, by enabling employees to commute during quieter periods, employers can help reduce the sensory stimuli that individuals encounter.
  • Communication Adjustments – Some neurodiverse staff may face challenges with particular communication. For example, a dyslexic employee who struggles with processing written information may find reading emails difficult. By using clear, concise, and unambiguous language and providing extra time for reading or processing, employers can help those affected overcome their challenges.
  • Neurodiversity Training – This can apply in two ways. First, additional training could be provided to those with neurodiverse traits to help develop skills they may have difficulty with. Second, training could be given to senior leadership to help identify and appreciate the challenges neurodiverse employees face. 
  • Workplace Organisation – Some individuals may have difficulties remaining organised, impacting their productivity. This could be the case for an employee with ADHD. In such circumstances, tools like planners and visual reminders might help them remain on task, boosting their overall efficiency.

What to Do if Your Rights as a Neurodiverse Employee are Breached

When employers fail in their duty to provide reasonable adjustments or deal with discrimination adequately, those affected may be unsure how to act. Neurodiverse staff in such circumstances must be aware that their rights are protected by law and several avenues for redress exist.

In the first instance, neurodiverse employees who believe their rights have been breached should try to resolve the matter internally. Depending on the situation’s severity, they can either have an informal chat with HR or raise a formal grievance. Both avenues offer the chance to resolve the matter without going to court. However, the latter places additional legal obligations on the employer.

If the issue remains unresolved, though, seeking external help may be required. Acas Early Conciliation would first need to be pursued, but once complete, individuals can initiate employment tribunal proceedings—that is, provided they satisfy the time limits and eligibility criteria to bring a claim.

If you believe your rights have been breached and want legal advice, contact Redmans Solicitors now. As employment law specialists, we can assess your circumstances, answer your queries, and discuss your possible options.

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