These are the closing lines of the poem “For Rita With Love” by Legendary Irish poet, Pat Ingoldsby. The poem is about a girl whom we are led to believe has some form of learning difficulties. From the description in the poem she is likely to fall into the category of the population that we are now labelling “neuro-divergent”. It is estimated that around 1 in 7 people (more than 15% the UK population) are neuro-divergent, meaning that the brain functions, learns and processes information differently. Neuro-divergence encompasses those who have conditions such as dyslexia, autism, ADHD, dyspraxia (which are typically experienced along a spectrum), as well as other neurological conditions.
As a mother of a child with dyspraxia, the poem and the subject of neurodiversity are of particular interest to me. I am heartened that champions like Greta Thunberg, who has been candid about her asperger’s syndrome, considering it a “gift” that allows her to “think outside the box”, are now peaking the interest of big business. But do UK employers understand how to embrace a neuro-divergent workforce?
The impact of the Equality Act 2010 on a neuro-divergent workforce
Neuro-divergence is a rapidly evolving area of discrimination law, and if a condition is classified as a disability, employers have a duty to make adjustments to their practices and processes at all stages of the employment lifecycle.
The recent case of Meier v BT, demonstrates the hidden barriers which exist to the recruitment of neuro-divergent applicants: Mr Meier had asperger’s, dyslexia and dyspraxia. He applied for a job on the BT Graduate Scheme, which guaranteed an interview for disabled applicants, as long as they met the minimum entry requirements. As part of the recruitment process, BT used situational strength testing. Mr Meier did not pass the test and contended that people who shared his conditions were likely to be disadvantaged by this particular practice. BT, however, refused to make adjustments to the recruitment process and ignored the advice of the programme developers who had recommended BT consult with Mr Meier. Supported by the Equality Commission, Mr Meier successfully brought a claim against BT for disability discrimination and failure to make reasonable adjustments and the Court of Appeal in Northern Ireland awarded Mr Meier £18,000. The decision is a timely reminder that we all, not least those of us who are neuro-divergent, work differently and recognition of this, it is hoped, will help us to work smarter.
Disrupting the definition of “normal”
The ability to be a “disruptor” to what has traditionally been construed as “normal” is undoubtedly advantageous in the growth of a business or organisation. It’s that very notion that has prompted forward thinking employers to recognise the benefits of a neuro-diverse workforce and has led organisations to bolster their diversity and inclusion initiatives to include programmes that specifically recognise and promote untapped potential in the neuro-divergent community. In 2016, marketing firm, Garage, founded by former Saatchi & Saatchi creative director, Chris Arnold, caused controversy with an ad featuring an image of Apple founder, Steve Jobs with the strapline “only dyslexics need apply”. Mr Arnold’s explanation: “We require people with a unique mind, so only dyslexics (like Steve) should apply.”
Written by
Related News, Insights & Events
Webinar: Essential elements of employment training
03/02/2025
We are delighted to launch our next “Essential Elements of Employment” training series, bringing legal issues to life in virtual webinars that are practical and meaningful.
Webinar: Employment Law Lab
28/01/2025
With employment law reform through the Employment Rights Bill in the pipeline, naturally trade union rights are high on the agenda for the present UK Government.
Proposed amendments to the Employment Rights Bill: Our year-end wrap up
On 10 October 2024, the Employment Rights Bill 2024-25 (ERB) was introduced to Parliament. It had its second reading on 21 October 2024 and is currently at the Committee stage.