Neurodiversity Discrimination: rise in employment tribunal claims
There has been an increase in a number of discrimination claims brought before the Employment Tribunal for discrimination for ‘neurodiverse’ which has arisen by a third last year.
Last year tribunals heard 102 cases in which employees said that their neurodiversity was part of the reason for the discrimination they experienced. This data suggests employers either don't have strategies for dealing with neurodiversity within their workforce, or they do have them but they are not working.
Neurodiversity is a term that describes the differing ways that people’s brains process information and in addition to ADHD and autism, includes conditions such as dyspraxia and dyslexia.
If you are an employee with a neurodiverse condition or if you are a business who has staff with neurodiverse conditions, then the need to understand through discussion and to understand these employees needs.
The numbers of diagnoses for autism have increased by 787% over the past two decades and prescriptions for medication to treat ADHD has increased by 800% according to studies by the University of Exeter and the British Pharmacology Society.
In a pair of new reports — one focused on 8-year-olds and one on 4-year-olds — the CDC found that 1 out of every 36 children has autism. This is a significant increase from the 2021 estimate of 1 in 44, which was a big jump from 1 in 110 in 2006.
Prescriptions for ADHD have been rising in recent years. Figures for April to June 2023 show that about 202,000 individuals in England received one, up from 103,000 in the same period in 2018-19.
Employer's Obligations
Adjustments should be made to ensure that staff are treated fairly. Training should be given to ensure that neurodiverse staff are properly understood and given tasks that play to their strengths. If you employ neurodiverse people therefore, you should ascertain their needs in the workplace and help to meet those needs and train those who work with them to understand that individual's personal requirements.
It can be helpful to appoint a mentor in the workplace to those people affected so that they can call on that person for help and advice at any time if they are having difficulties communicating or they are feeling victimised.
The increase in the number of Employment Tribunal claims shows that the number of employees have increased who are prepared to disclose their conditions.
If you are an employee or if you are a business that requires advice and support in respect of this, then please Contact Us here. If you complete our enquiry form a member of the employment team will call you straight back.
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