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According to employment experts, tribunals in which employees alleged they were discriminated against for being neurodiverse rose by a third last year.

Research from employment law firm Fox & Partners showed that in 2021 there were 93 tribunals where employees alleged being discriminated against for their neurodiverse condition - up from 70 in 2020. 

Neurodiversity is a term that covers - in addition to ADHD and autism - conditions such as dyslexia and dyspraxia and is thought to affect about one in seven people in the UK.

The number of autism diagnoses increased 787 per cent over the last 20 years, whilst prescriptions for medication to treat ADHD rose by 800 per cent - according to studies by the University of Exeter and the British Pharmacological Society.

The study by Fox & Partners showed a 40 per cent increase in autism; 31 per cent increase in Asperger’s and 14 per cent in dyslexia claims in the last year.

Ivor Adair - Partner at Fox & Partners - said:

“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.”

Texthelp - a literacy, accessibility and dyslexia software developer for employees and students with reading and writing difficulties - also conducted research, finding that only 28 per cent of HR professionals felt confident in identifying the different types of neurodivergent conditions, with just 9 per cent describing themselves as not confident at all.

Cathy Donnelly - Chief People Officer at Texthelp - spoke to HR magazine saying:

“Often people don’t feel comfortable admitting to employers that they have a neurodivergent condition. Employers should clearly signal that their organisation welcomes neurodiverse individuals through job descriptions and recruitment materials. If candidates know they are entering a workplace that embraces inclusion they are more likely to feel comfortable to talk about any extra support they may need.”

Of the 291 HR professionals polled, 33 per cent believed they knew what accommodations could be provided for neurodivergent employees.

Methods already instituted by 53 per cent, include giving dyslexic candidates more time for reading and writing tasks in the recruitment stage; 54 per cent have installed specialised software and 55 per cent have provided special keyboards.

Dan Harris - CEO of charity Neurodiversity in Business - stated:

“In some respects, we should view the data presented here as being indicative that businesses are employing more neurodivergent talent and that these employees are increasingly self-disclosing their conditions to employers. The real change will come when employees truly feel that they can bring their authentic selves to work, and businesses in turn realise how best to support them deliver their best possible outcome for their employer."

He added:

"All parties should ensure that they fully understand the nature of the employee’s neurodivergent condition and implement appropriate adjustments to the process to ensure that the employee can fully engage and best represent their position; this really needs an individualised approach given the diversity present across the neurodiversity spectrum.”