Keeping up to date
We take seriously our responsibility to keep you up to date so that you can use changes in employment law to commercial advantage. By understanding and interpreting the latest case law and legislation we can deliver updates to you that are concise and usable. With imagination, we are able to ensure that developing law can be used to allow you to achieve commercial solutions, cost effectively and expediently.
Neurodiversity and disability
Neurodiverse conditions can amount to a disability for employment law purposes. We’re seeing an increasing number of neurodiversity-related discrimination claims pleaded at tribunal.
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.