Employment Tribunals linked to neurodiversity up by a third
The number of Employment Tribunals relating to conditions such as autism, ADHD, dyslexia and dyspraxia has increased by a third in the last year. Increased awareness of ‘neurodiversity’ has led to an increase in diagnosis, and workers challenging employers on dismissals and conditions.
Employment law firm Fox said autism diagnoses are up 787% and prescriptions for ADHD medication up 800% in the past two decades, with one in seven people in the UK thought to have one of these conditions.
The study shows a 40% rise in Tribunals relating to autism, 31% linked to Asperger’s and a 14% rise tied to dyslexia. The company claims the number of cases citing discrimination on grounds of neurodiversity has jumped to 93 this year from 73 in 2020.
Said Ivor Adair, partner at Fox:
“The jump in Tribunal claims shows that employers can’t afford to ignore neurodiversity issues. Employees are increasingly willing to disclose they are neurodivergent and aren’t afraid to request reasonable adjustments if their workplace setup places them at a disadvantage, or challenge discriminatory treatment. Employers would be advised to stop making assumptions, work to identify the talents of neurotypicals and understand how they can give their organisation a competitive edge as part of a diverse team.”
Meanwhile, new research from The Institute of Leadership and Management has revealed half of leaders and managers would not employ a neurodiverse person. Percentages of employers uncomfortable employing or managing someone with one or more neurodivergent conditions are:
- Tourette syndrome – 32%
- ADHD/ADD – 29%
- Dyscalculia – 26%
- Autism – 25%
- Dyspraxia – 19%
- Dyslexia – 10%
A person has a disability as defined under the Equality Act if they have a physical or mental impairment that has a substantial and long-term adverse effect on that person's ability to carry out normal day-to-day activities, such as going for a walk, making lunch, or reading a book. Neurodivergent workers are likely to be found to be disabled within the meaning of the Equality Act.
Suzanne Dobson, CEO of Tourette’s Action said:
“When we are trying to restart our economy we cannot afford to marginalise so many creative and intelligent people. People living with Tourette Syndrome are especially marginalised as people mistakenly believe everyone with TS has the swearing tic, coprolalia, whereas only 10-15% do.”
Managers and leaders in the construction, engineering and manufacturing sectors had the most significant concerns, with 32% saying they would be uncomfortable hiring autistics and 29% not comfortable hirING dyscalculics.
Claire Smith, CEO of Autistic Nottingham, said:
“Most employers are scared to hire neurodiverse people as they only calculate the risks based on the deficits of the condition. Hopefully, this piece of research will not only enable employers to see the strengths that neurodiverse people bring to the workforce but also make a significant contribution to the existing, small amount of research, development and managerial advice that is currently available in the field of neurodiversity.”
Over half of autistics (60%), dyspraxics (55%) and dyscalculics (53%) reported that people in their workplace behave in a way that excludes neurodivergent colleagues. But this feeling is not entirely shared by their neurotypical colleagues, with only 29% agreeing this is the case.
Kate Cooper, Head of Research, Policy and Standards at The Institute of Leadership and Management, said:
“It’s apparent that while there’s a perceived level of understanding of neurodivergents and their requirements in organisations there is actually a gulf between the lived experience of neurodivergents and the perceptions of those experiences held by neurotypical people.”
The research also identified a lack of neurodiversity in organisations’ diversity and inclusion policies, and in their bullying and harassment policies and procedures. Only 27% could say they were certain that appropriate references were included in their diversity and inclusion policies.
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