An employee asks for written instructions after meetings. Another says the office noise makes it difficult to concentrate. A candidate requests more time for a written assessment. How you respond matters, both for the person and for your responsibilities as an employer.
You don’t need to know everything about neurodiversity before having a useful conversation. You do need to listen, consider the barriers and take the relevant legal duties seriously.
Understand the legal starting point
In England, Scotland and Wales, the Equality Act 2010 protects disabled people from discrimination. ADHD, autism, dyslexia and dyspraxia can fall within that protection. The main test concerns a substantial, long-term adverse effect on normal day-to-day activities, rather than the diagnosis alone. Northern Ireland has a separate legal framework.
A person doesn’t need a formal diagnosis to meet the definition. Waiting for an assessment shouldn’t prevent an employer from discussing practical help.
The duty to make reasonable adjustments involves the disadvantage and the employer’s actual or reasonably expected knowledge. If you’re unsure how the law applies to a particular case, seek qualified advice rather than relying on a diagnosis checklist.
Connect each adjustment to a barrier
Ask what is getting in the way and how a proposed change would help. Options to discuss include:
- A quieter workspace or different lighting for sensory needs.
- Clear written priorities where verbal instructions are hard to retain.
- Predictable check-ins when several deadlines compete.
- Assistive software or practical help organising information.
- A different way to demonstrate skills during recruitment.
These are starting points for discussion. Some changes are simple; others require resources or affect how a role is delivered. Consider effectiveness, practicality, cost and safety. An adjustment that helps one person may be unsuitable for another.
If recording meetings is proposed, consider confidentiality, data protection and the rights of others before agreeing how it will work.
Avoid agreements that disappear after the meeting
Record what you’ve agreed, who will arrange it and when you’ll review it. Make sure a change of manager doesn’t quietly undo the arrangement. Keep personal information restricted to those who need it.
If a change isn’t working, ask why. It may need refining, or the original barrier may have been misunderstood. Explain decisions and discuss alternatives where a particular request can’t reasonably be met.
Consider support before escalating concerns
A missed deadline may have several causes. Check the instructions, workload and any agreed support before drawing conclusions. Fair performance management can include clear standards and constructive feedback while taking disability-related disadvantage into account.
Managers need a route for getting help from human resources, occupational health or an employment adviser. They shouldn’t have to improvise legal decisions during a difficult conversation.
Keep funding and employer duties separate
Access to Work may contribute to eligible additional support. DWP decides awards; an assessor’s recommendation isn’t a funding guarantee. The scheme doesn’t replace an employer’s duty to make and pay for reasonable adjustments.
Common mistakes worth catching early
Waiting for a label before asking about the work. A person may be describing a real barrier while waiting for assessment or deciding what to share. Ask what they’re finding difficult and what could help, while getting advice where the legal position is uncertain.
Using identical treatment as the measure of fairness. Giving everyone the same instructions, room or assessment format doesn’t establish that everyone can use it equally. Consider the disadvantage rather than treating a different arrangement as a reward.
Copying an adjustment from someone else’s plan. Two employees may need different approaches to the same task. An explanation of why one arrangement was selected is more useful than a diagnosis-based menu.
Making the employee carry every follow-up. If a request concerns organisation or remembering actions, a process that depends on repeated reminders from that person can create another barrier. Be clear about the employer’s next action and who owns it.
Get help at the right level
Occupational health can offer input on work-related needs. Human resources can help managers apply procedures consistently. A support provider can discuss the practical assistance it offers. A qualified employment adviser can explain the legal risks and options in a particular situation.
Those roles can work together, but they aren’t interchangeable. Don’t treat a practical support plan as a legal opinion, or assume an occupational health recommendation settles every question about reasonableness.
You can also improve the ordinary process before a difficult case arises. Tell employees how to request an adjustment, who will respond and how concerns can be raised if nothing happens. A route that exists only in an unread policy document is hard to use.
Where RPC fits
RPC provides practical support for neurodivergent professionals. If you’re exploring support-worker assistance, we can discuss the tasks involved and the person’s needs. For advice on a dispute or your legal obligations in a particular case, contact Acas or a qualified employment adviser.
