The death of the ‘one-size-fits-all’ policy in HR departments is a result of businesses being caught between a rock and a hard place when it comes to neurodiversity in the workplace, as corporations battle to support staff within the bounds of very complex employment laws – and very personal interpretations of them.
Over recent years, through social media and TV shows, greater awareness has been raised around neurodiversity, the blanket term used to describe conditions such as autism, ADHD, anxiety and Tourette’s. This is evident in the growing popularity of fidget spinners and push-pop bubble fidgets among adults, as well as initiatives like ‘puppy days’ in the workplace to reduce stress, tackle anxiety and boost morale.
Formal diagnosis rates of various mental health conditions have shot up, but with heightened awareness and reduced stigma – especially among younger generations – more people are self-identifying without a formal medical diagnosis. According to Deloitte’s 2023 Gen Z and Millennial Survey, 53 per cent of Gen Z now self-identify as neurodivergent.
This makes it really tricky for businesses and their lawyers, as when it comes to the law, specifically the Equality Act 2010, employees do not need a formal diagnosis to establish disability discrimination.
Clare Brennan, partner at Hunters Law, explained that employers can’t plead ignorance about disabilities, but neurodiversity’s hidden nature makes those legal warning signs incredibly easy to miss.
Imagine receiving a WhatsApp message saying the government is now monitoring your calls, reading your private messages, and can even take legal action based on what you send. Sounds alarming, righ...