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Creating greater awareness, education and understanding around neurodiverse conditions will help foster more inclusive practices and help your managers support individuals appropriately – and avoid litigation. Here’s what you need to be aware of:

Training – the importance of educating managers and teams on neurodiverse conditions was highlighted in this case where an employee was successful in claiming disability-related harassment. Comments were made by the appeal officer accusing her of deliberately “masking” her autism – masking symptoms is a common practice amongst autistic individuals.

Medical support – the above case also highlighted the importance of obtaining occupational health or medical guidance on an individual’s neurodiverse condition. In this instance, it would have provided the employer with a clearer picture of the likelihood of recurring behaviour related to her condition and the risks associated with continuing her employment (she worked in a care setting with vulnerable children).

Reason for conduct – this case shows that a tribunal was able to conclude that the effects of an individual’s disability (dyslexia and Asperger’s Syndrome) did not play any part in the conduct giving rise to a disciplinary process. The individual had been aggressive and disruptive to colleagues and argued this was a result of his neurodiverse condition. The tribunal disagreed and said it was a result of a “short temper” rather than his disability.

Hidden conditions – as discussed earlier in this series, many neurodiverse conditions are hidden or remain undiagnosed. Carefully understanding the root cause and reasons behind any performance or conduct issues needs to be approached responsibly to reduce potential discrimination risks and provide the necessary support.

Individual needs will be just that, individual. Supporting neurodiversity won’t be ‘one-size-fits-all’. Here are some of our suggestions on changes to consider to support neurodiverse colleagues:

Inclusive culture – introducing a policy championing neurodiversity is a great way to promote neuro-inclusion, encourage open conversations, and raise awareness of the support you have available. Small practical steps such as providing agendas and follow-up emails/actions for all meetings can help neurodiverse individuals process information at their own pace.

Support plans – if an individual shares that they have a neurodiverse condition, discuss with them whether it’s appropriate to obtain expert medical opinion to help build a personalised plan supporting their specific needs.

Reduce sensory overload – audit your workplace for potential triggers; noise, lighting, background colours (to name a few) and look at how you can address them wholesale to avoid singling out neurodiverse individuals (and creating potential discrimination risks).

Flexible working – discuss with the individual what type of work, tasks and routines might work best for them and help them manage their condition. Discuss varying schedules and flexible working arrangements (where possible) to help set them up for success. Remember that needs may develop over time so review regularly and be open to change.

Mentoring – consider whether individuals may want or be open to coaching or mentoring for any personal development areas they’d like help with (such as organisation or time management).

But with the right tools, knowledge and awareness, managers can confidently approach conversations about neurodiversity and provide colleagues with the support they need. Here are some of our tips:

Choose a setting – find a private, neutral space (outside the workplace if needed) free from interruptions and distractions, and clear your diary to make time so you don’t appear rushed. Keep your body language open and non-confrontational – remember that some neurodivergent individuals may find it difficult to read ‘typical’ social cues.

What to say – ensure you’re able to actively listen to what the individual is sharing. Ask open questions to encourage discussion and avoid making assumptions or comparisons with your own experiences (unless you have the same condition, of course). Following a clear agenda for the conversation will help to keep you on track. We have one in our toolkit.

Objectivity – be aware of their feelings and experiences, even if they differ from yours. Avoid your own expectations entering the conversation of how they could be dealing with their neurodiversity.

Support rather than solutions – be knowledgeable about sources of support that are available (EAP, charities etc.) and know who to signpost them to if needed. Encourage individuals to share what might help them with their neurodiversity instead of jumping to solutions that may not be appropriate.

Keep an open dialogue – agree and diary when you’re next going to check in, and agree on what they may want to share with their team about any changes being made. If an individual is off sick, stay in touch and carry out a return-to-work meeting when they return.

Record – keep a written record and notes of conversations (including dates, times and what was discussed). An accurate paper trail is vital if you need to rely on your records in the future.

If you have a colleague who explains they’re neurodivergent (or you suspect may be undiagnosed) you’ll need to know more.

With neurodiversity comes terminology unfamiliar to some. Here are the key terms you may hear and what they mean:

• Neurodiverse – the concept that humans’ brains work in many different ways and there’s no singular ‘right’ way of thinking, learning, processing information or behaving.
• Neurodivergent – people who have differences in their neurological development and functioning.
• Neurotypical – someone who fits the societal ‘norm’ and has typical neurological development and functioning.

Neurodiverse conditions can include autism, ADHD, ADD, dyslexia, dyscalculia, dyspraxia (difficulty with reading, maths, and coordinated movements respectively) and many more.

Each condition is different and has different symptoms. Many people remain undiagnosed – it’s estimated that 700,000 people in the UK are autistic but undiagnosed. Knowing the signs of possible neurodivergence is important – watch out for (but not limited to):

• Physical – sensory differences, repetitive behaviours, pacing, physical tics.
• Emotional or behavioural – low attention span, intense curiosity, difficulty communicating, sensory sensitivities.
• At work – rapid speech, impulsive actions, hyper-focus, easily distracted, difficulty dealing with change.