Neurodiversity. It’s a word you have likely heard in recent years but maybe not as regularly in previous years. When we discuss the topic with employers, one of the first questions, almost invariably, is something along the lines of “so what exactly IS neurodiversity?”
Some questions that also follow, whether alongside or implied; what falls into this category? Why are we only talking about it now? Is this something I need to worry about? And if an employee tells me they are neurodivergent, what are they asking me to do?
At a fundamental level, neurodiversity just refers to the natural variation in human minds and how they function. But when we talk about neurodiversity, we are usually talking specifically about neurodivergent individuals.
Neurodivergence refers, broadly speaking, to people whose minds and brain functions are “divergent” from the “typical”; and we’re still in the early stages of truly understanding the conditions.
There is no universally agreed definition, but in general it is considered a useful term for conditions that come with differences in brain function from that which is perceived as “typical”, and which encompasses a range of cognitive, social and sensory differences.
Autism and ADHD are the two conditions most commonly described as neurodivergence, but the likes of dyslexia, dyspraxia and Tourette’s syndrome are often included. There is also a high level of comorbidity between these conditions; it is estimated that up to 70% of people diagnosed with ADHD may also have autism, for example, and this is an aspect that has only been looked at in detail in recent years.
It is important to remember that not everyone – neurodivergent or neurotypical - accepts this label or finds it helpful. A person with ADHD may not see any similarities between them and someone with dyslexia, and either of them may not see themselves as having a “condition” at all.
Others find it unhelpful to categorise so many varied conditions under one umbrella term and would point out that there is no such thing as a typical brain, so where do we draw the line categorising some as “divergent”?
These are just a few points and issues to consider with the term and how we talk about it. Most importantly, it is a matter of self-identity. Just as you should not force someone to refer to themselves as disabled or as a particular sexual orientation, you should not “correct” anyone about their identity if you believe they are neurodivergent, but they do not accept the term.
RFK Jr, Donald Trump’s Secretary of Health, made waves recently with a claim that no autistic person has ever had a job or paid taxes, which will be surprising news to many of us.
Needless to say, this is far from the truth. It is estimated that around 1 in 7 people (more than 15% of people in the UK) is neurodivergent – statistically, someone in your organisation very likely is.
You will undoubtedly be aware of neurodivergent individuals in the arts, science and politics. Bill Gates (founder of Microsoft and once-richest person in the world) has stated "If I were growing up today, I probably would be diagnosed on the autism spectrum" and has spoken about his difficulties in education, having dropped out of Harvard.
Others such as Steve Jobs, Emma Watson and Tim Burton have spoken at length about the struggles they have faced - as well as the benefits.
Burton has often credited his unique and quirky film style with being “an outsider”.
Many researchers, have speculated that Albert Einstein had something like ADHD or autism, although these conditions were not greatly understood in his time, and attempts by neuroscientists to discover the source of his genius by studying his brain after his death did not result in any helpful discoveries!
In short, neurodivergent individuals, if they are allowed to thrive and work in a way that works for them, can reward you with a team member who brings a creative and unique mindset to a team, one often notable for impressive analytical thinking, attention to detail and an ability to “hyperfocus” on engaging work and achieve impressive levels of productivity. However, they may also struggle with difficulties such as sensory issues, communication and executive function, which I will discuss further in the “issues and accommodation” section below. Not every neurodivergent person will show these strengths or these difficulties; this is a broad overview of common traits, not a diagnostic tool.
However, they may also struggle socially and have issues with communication, and if their environment or tasks do not work well for them, may be vulnerable to distraction, anxiety and burnout. It is unfortunately common for neurodivergent individuals to have issues with sensory processing (such as overstimulation in a bright/noisy environment), executive function (such as time blindness or “clumsiness”) and emotional expression or regulation.
Not every neurodivergent person will show these strengths or these difficulties; this is a broad overview of common traits, not a diagnostic tool.
It may well be that this description brings to mind particular colleagues or employees of your own.
However, it is important to avoid playing a guessing game as to who that might be. There are no foolproof indicators of what neurodiversity “is” or “looks like”; as the fruitless study of Einstein’s brain demonstrates, there is no hidden neurodivergence brain function or gene. It is a broad category with many common shared traits, and it is rarely if ever appropriate to suggest to an employee that they may fall into this category.
We know our own minds better than anyone, and as will be a common theme in this post, that means letting the employee lead the way. Of course, this is a two-way process, and the employee needs to communicate to you what they need from you; your part in this process is to make them feel able to do so.
From an employment law perspective, the all-important question when it comes to any condition is whether or not it will be classified as a disability.
This guides us in establishing whether there is a statutory requirement to consider reasonable adjustments, as well as informs us on risk assessment – will the worker have a potential argument to claim disability discrimination?
In a purely legal sense, the answer is simple. The Equality Act 2010 section 6 defines disability as if a person (P) has an impairment and “the impairment has a substantial and long-term adverse effect on P's ability to carry out normal day-to-day activities.”
Ask ten neurodivergent people if they consider it a disability and you will likely get ten different answers. But for purposes of the legal test, it would be wise to consider most neurodivergent conditions to be disabilities; they are lifelong so will certainly be “long-term”, and if we are at the point where they are being raised as an issue in work or adjustments are being requested, it is likely they are also causing substantial adverse effects on day-to-day activities.
What are some specific issues that come up with neurodivergent individuals in work?
Given the wide range of conditions involved, let alone the variety of ways in which each can manifest itself, it is pointless to try to narrow down a specific list. However, there are common issues across many conditions which come up vastly more often than others, such as:
Sensory sensitivities are a very common issue, magnified by working in an environment where the individual has no or limited control over their environment (as compared to their home or a personal office/space). Bright lights, overlapping noises and busy surroundings can lead to neurodivergent individuals struggling to concentrate and suffering from increased stress and anxiety.
Adjustments can go far in resolving this one; noise-cancelling headphones in loud areas, quiet workspaces or even allowing them to work from home can considerably reduce stress and help the individual focus on their work.
Planning, organising, meeting deadlines, multitasking, prioritising and even managing emotional and impulsive tendencies are all things neurodivergent individuals can struggle with. This can show up in the world of work even where the individual may have managed (or struggled) for themselves in the past, as now they have to do things in certain ways that suit the employer’s needs.
Adjustments in this case are more likely to take the form of assistance or coaching to help them structure their day in a way that works for them. Communication and feedback are important tools, as from the outside, it can simply look like the employee is lazy or disorganised – whereas they themselves may not even realise there is an issue.
Neurodivergent individuals can struggle with social norms, cues and the “unwritten rules” of the workplace that may be obvious or easily adopted for others. This can easily result in misunderstandings, frustration and isolation from both sides.
Once again, communication is key. Often, all that is required is for things to be spelled out in a clear manner, with expectations set in black and white (insofar as that can be done). Written information that they can take away and absorb in their own time and environment can be helpful in allowing them to reflect and consider the situation later.
All of the above and more can have the outcome of burnout; it is extremely common for neurodivergent individuals, especially those who feel unsupported and unable to be themselves in an environment, to “mask” and try to hide their condition and behaviour, leading to increased stress and anxiety.
Burnout is certainly not an issue unique to neurodivergent people, but they are at heightened risk of this in a workplace where they feel they are navigating these challenges alone.
Reading the above, it may be easy to say that neurodivergent employees are simply not worth the effort. Not only is this discriminatory and unwelcoming, it is also short-sighted – if nothing else, would you say you don’t want a Bill Gates or Steve Jobs on your team?
The fact is that the majority of adjustments to provide a neurodivergence-friendly workplace also make workplaces more welcoming in general, in turn opening your business to the widest possible range of talent from all walks of life. Take for example the “unwritten rules” covered under communication – if not addressed, these don’t just present barriers to the neurodivergent, but to anyone from a walk of life that does not fit with the specific workplace culture; a woman breaking into a male-dominated field, an older applicant joining a team of young people, someone from another country or cultural background trying to navigate local culture.
As well as this, we know from studies that neurodivergent employees respond well to inclusion – even if no specific adjustments can be established. Statistics show that if no adjustments are offered, around 55% of neurodivergent employees are likely to look for other work elsewhere; if they are offered, 49.6% are “very unlikely” and 22.5% “unlikely” to leave.
The facts are clear; while neurodiversity is not always straightforward and must always be considered on a case-by-case basis, a little goes a long way in keeping the trust and confidence of neurodivergent staff. Taking those steps will both ensure you attract the widest possible range of talent and will benefit employees from all walks of life.
If you need advice on Neurodiversity in the Workplace in relation to Employment Law then Neathouse are on hand to assist managing and navigating employees. Call us on 0333 041 1094 or book in for a chat here.