Scotland’s workplaces are home to a rich, varied workforce and for the estimated one in five people who are neurodivergent, the environment in which they work can make the difference between thriving and struggling. Yet many employers remain uncertain about their legal obligations, exposing them to significant risk.
Neurodiversity is an umbrella term covering a range of neurological conditions including dyslexia, dyspraxia, ADHD, autism, dyscalculia and Tourette’s syndrome, among others. These conditions affect the way people process information, communicate and interact with the world around them. Crucially, they are not binary; traits exist on a spectrum, and the same condition can manifest very differently from one person to the next.
Under the Equality Act 2010, neurodivergent conditions can constitute a disability where they are found to have a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities. “Substantial” means more than minor or trivial, but it does not require a condition to be severe. This means that many neurodiverse employees may fall within the legal definition of disability under the Equality Act 2010 and therefore attract protected characteristic status, even if they do not consider themselves to be disabled.
Where the Act applies, employers have a legal duty to make reasonable adjustments to remove or reduce workplace barriers that may place neurodiverse employees at a disadvantage. What is “reasonable...
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