No More Hiding: Understanding Your Rights as a Neurodivergent Employee

After surveying over 1,000 neurodivergent UK adults, Zurich UK uncovered widespread discrimination and barriers to employment. In light of their discoveries, the insurance company will introduce a series of measures to become more neuro-inclusive and promote neurodiversity in the workplace.

Below, we examine the organisation’s findings and how they plan to address the established issues. Then, we explore what it means to have a neurodivergent brain and what those that do should keep in mind. Finally, we provide examples of employers’ support and what employees can do if they don’t.

If you are neurodiverse and believe your employment rights have been breached, please reach out immediately. Redmans Solicitors are employment law specialists who can provide expert advice following a quick consultation.

To discover how we could help you, please:

How Zurich UK is Championing Neurodiversity in the Workplace

When Zurich UK studied neurodiversity in the workplace, half of the respondents claimed to have faced discrimination while job hunting. Two-thirds stated that being neurodivergent made them a red flag for employers, while 16% said their job offer was rescinded after the company found out. Such practices exclude up to 15% of the job market and risk violating UK employment rights.

Consequently, after making such findings, Zurich UK turned to The Buckland Review of Autism Employment. Using this report, they found ways to overcome the barriers individuals with a neurodivergent brain face.

The Buckland Review highlights that neurodiverse individuals identify complex applications, unclear job descriptions, vague questions, group assessments, and presentation tasks as significant barriers to employment. As such, Zurich UK has recommended employers:

  • Provide clear, detailed instructions and expectations ahead of time during recruitment.
  • Eliminate group assessments and interviews.
  • Focus on essential qualifications and job requirements only.
  • Use precise, objective language in job descriptions, avoiding vague terms like “effective team player”.
  • Highlight available accommodations and share examples of adjustments made in previous cases.

Taking their recommendations on board, the insurance company will eliminate “subjective language” and “unnecessary qualifications” from their job descriptions. They have also introduced sensory maps detailing the noise, lighting, and traffic levels in different parts of the office to help neurodiverse employees find a suitable workplace.

What’s more, commencing at the start of next year, they will provide free neurodiversity assessments to all employees. Zurich UK’s Chief Human Resources Officer, Steve Collinson, said, “[We] are delighted to be introducing neurodiversity assessments to help others get the help and support they need”.

Embracing Neurodiversity: How to Recognise it and Navigate Workplace Disclosure

For employees, understanding if they’re neurodivergent can be an empowering process. In addition to learning how they work best, it enables them to seek essential support from their employer.

How Can I Tell if I’m Neurodivergent?

If an individual suspects they are neurodiverse, they should consider the following steps:

  • Self-Reflection: It may help to evaluate how one’s brain processes information and interacts with the world. Common signs that someone may have a neurodivergent brain include challenges with executive function, sensory processing, or communication, alongside unique strengths like problem-solving or creativity.
  • Seeking a Professional Assessment: If an individual is unsure, they may want to contact a healthcare professional for a formal diagnosis. Accessing the Access to Work scheme may help.
  • Accessing Resources: Many charities, such as the National Autistic Society or ADHD UK, provide guides to self-identification and formal diagnosis pathways.

Should I Tell my Employer I am Neurodivergent?

Telling one’s employer about their neurodiversity is a personal choice. Employees aren’t obligated to disclose this information; however, there are benefits to doing so. In the UK, neurodivergence may qualify as a disability under the Equality Act 2010 if it has a substantial and long-term impact on day-to-day activities. In such circumstances, employers would have legal obligations:

  • Protection Against Discrimination: Employers cannot exclude individuals from promotion or dismiss them simply because they are neurodiverse. They also cannot have practices or policies that disadvantage such individuals. By disclosing neurodiversity in the workplace, employees can protect themselves and help employers promote a more neuro-inclusive workplace.
  • Reasonable Adjustments: Employers must provide reasonable adjustments to ensure neurodiverse employees are not disadvantaged. Without disclosure, employers are not obligated to make adjustments as they cannot act on needs they are unaware of.

Practical Workplace Adjustments for Neurodivergent Employees

Reasonable adjustments are changes made to support neurodivergent individuals so they can thrive in the workplace. These adjustments vary depending on individual needs and the stage of employment. In the recruitment process, such adjustments may present as:

  • Simplified Job Descriptions: Where employers avoid vague or subjective language, clearly outlining the essential skills and expectations for a role.
  • Alternative Assessments: When interviews are replaced with one-to-one sessions. Alternatively, rather than testing individuals, employers may allow them to provide work samples to demonstrate their skills and abilities.
  • Extended Preparation Time: Where individuals are provided with detailed instructions about the interview process well in advance. 
  • Flexible Interview Formats: Where organisations enable interviews to be conducted in a variety of manners. This could include video, written or practical interviews.
  • Feedback and Support: When constructive feedback is actively provided post-interview to build candidates’ confidence.

Adjustments During Employment

While the above may prove essential during recruitment, different challenges could be faced at work. Therefore, the reasonable adjustments required may vary, and could include:

  • Changes to the Physical Workspace: Employees sensitive to noise and light may work more productively by offering a quieter space. Using sensory maps can also help such employees find the most comfortable working environments.
  • Flexible Schedules: Neurodiverse employees may benefit from a less rigid schedule. By enabling them to alter their start and finish times, they can work during less busy periods, which may boost their productivity.
  • Access to Technology: Noice-cancelling headphones, screen-reading software, and speech-to-text programs could all be used to help neurodiverse individuals navigate their workplace challenges.
  • Tailored Communication: Like job descriptions, how staff communicate with a neurodivergent employee should be tailored. This may include providing written instructions that are clear and concise.
  • Neurodiversity Training: For those who don’t know much about what it means to be neurodiverse, it may be difficult for them to support those who are. Consequently, providing neurodiversity training could help foster empathy for neurodivergent team members among managers and colleagues.

Get Help with Redmans

Neurodiversity is not a burden on the workplace but a valuable asset. While neurodivergent employees may require some employer support, their unique perspectives and skills are essential for driving innovation, enhancing productivity, and fostering an inclusive workforce.

Employers who fail to comply with their legal obligations could open themselves to legal action. Employees in such circumstances could look for an internal resolution, via an informal chat or grievance, or pursue employment tribunal proceedings if all else fails.

If you are neurodivergent and have questions or believe your employment rights have been violated, don’t hesitate to seek advice or support. Redmans Solicitors are specialists in the sector, and following a quick chat, we can provide expert advice.

Begin your journey with us now by: