In 2019, a senior analyst on the autism spectrum has won a claim for indirect disability discrimination after his employer failed to make reasonable adjustments for his condition. Judge Jeremy Shulman ruled that energy supplier npower had suffered a “continuous management failure” after it failed to take reasonable steps to understand Tom Sherbourne’s disability and failed to implement two sets of reasonable adjustments.
'Neurodiversity' is a relatively new term that refers to people who have dyslexia, autism, ADHD, dyspraxia and other neurological conditions. These are 'spectrum' conditions, with a wide range of characteristics, but which nevertheless share some common features in terms of how people learn and process information.
Some of these conditions are referred to as 'Specific Learning Difficulties' or SpLD. 'Neurodiversity' is a broader reference to the diversity of the human brain and people's 'neurocognitive functioning' and, unlike the SpLD title, reflects the fact that these conditions are not solely related to learning and also that they can confer strengths as well as weaknesses.
Report - Key findings
Barrier 1 - Lack of awareness at all levels
Barrier 2 - The consequences of disclosure
Barrier 3 - Government measures are inadequate
Barrier 4 - Reasonable adjustments are often poorly conceived
Barrier 5 - Equality Act is not being adequately implemented
Barrier 6 - Psychometric tests disable neurodivergent applicants
Barrier 7 – Recruitment and selection procedures require literacy
Barrier 8 - Recruitment and selection procedures are poorly conceived
Barrier 9 - Selection and Progression depends on being neurotypical
Barrier 10 - Performance management that is not applicable for the neurodivergent