This Neurodiversity Celebration Week, we’re putting workplace support and adjustments in the spotlight.
Estimates suggest that around 15 per cent of the UK’s population is neurodivergent, covering conditions such as autism, ADHD and dyslexia, and more broadly referring to a difference in thinking and learning from what would be considered ‘standard’.
Neurodiverse individuals are a much larger minority than has been previously considered, so it’s important to think about adjustments and support in broader terms than the needs of each individual – although this, too, is important.
It comes down to workplaces being proactive and knowing how to support neurodiverse individuals, as well as listening to unique needs.
We’re going to take a look at what we have found to be the key pieces of legislation and approaches to offering the support that we provide to our own staff.
What does the law say?
As the cornerstone of workplace protections, the Equality Act 2010 defines disability as a characteristic for which you cannot be discriminated against.
Its definition of disability may include neurodiversity, if it causes you impairment which has a substantial and long-term impact on your ability to do daily activities.
If you are neurodiverse in this way, then you are entitled to protection under the Act. This includes reasonable adjustments in the workplace and freedom from victimisation, bullying or discrimination.
In this way, employers are required to offer reasonable support to neurodiverse staff and ensure that they are protected and able to do their job to the best of their ability.
While this is a landmark piece of legislation, it is only the beginning of the story.
Support for neurodiverse individuals goes beyond the legal responsibilities of individuals and employers. It is routed in the very structure of the workplace and the adjustments made for each individual.
New flexible working regulations
Integral to this is the rise of flexible working, which moves beyond workplace-specific policies or the actions of individual employees and changes the structure of the working day.
From 6 April 2024, the Employment Relations (Flexible Working) Act 2023 will apply to applications made to employers for flexible working arrangements – including having flexible start and finish times or working from home.
This means that all employees will have the right to request flexible working arrangements from day one of employment, and employers must provide a valid reason for refusal.
This is in contrast to the previous lower limit of 26 weeks’ employment – which made certain workplaces hugely inaccessible to those with certain types of neurodiversity.
This also seems to represent a shift towards a societal change in attitudes towards neurodiversity and additional needs. With flexible working arrangements, the focus is put primarily onto the quality of the work rather than compliance with auxiliary requirements such as dress codes or set office hours, which can be stressful for neurodiverse workers.
Is flexible working the solution?
Although a fantastic innovation for many people, flexible working is something of a double-edged sword for neurodiversity.
The ability to work in your environment of choice is clearly an advantage in terms of comfort and control over external stimuli such as noise levels and lighting.
That said, flexible working has also given rise certain (potentially) unexpected issues, including that of what happens when flexible workers do come into the office.
The increased popularity of ‘hot desking’ means that individuals may face a change in environment each time they come into the office, which can be distressing.
However, as our own policies have demonstrated, it is perfectly possible to get around these issues and apply flexibility to all aspects of working arrangements.
As an example, Solicitor Colin Adamson spoke about his own experiences at Palmers after being diagnosed with autism, and the adjustments that he uses:
“Palmers is certainly the most neurodivergent friendly place I’ve ever worked in.
“Through some really considerate line managers, I am able to use a quiet room when the noise of the open plan office gets too much for me.
“They also allow me to use the same desk when I’m in the office because “hot desking” doesn’t work for me. I need to sit in the same place each time so I know where I should sit and why.”
Drivers of change
Flexible working has given us another opportunity to assess how we do things when supporting neurodiverse colleagues.
Rather than heralding it as the solution to things that neurodivergent individuals struggle with in the workplace, we have taken flexible working in our stride and sought to address the broader issues facing those who are neurodiverse.
As a result, we have gone beyond our legal obligations and taken a look at what we need to do to make the most of the talent that we have and make our offices as inclusive as possible.
Want to know more about supporting neurodivergent staff or seeking support for your needs? Get in touch.