Businesses are increasingly finding themselves at the centre of legal action over claims they are discriminating against neurodivergent employees and their neurodiversity policies. Last year, UK employment tribunals issued 278 judgements against employers for discriminating against neurodivergent workers. This was a sharp stark increase from just three which were issued in 2016.

According to the Local Government Association, one in seven people in the UK are neurodiverse, a figure which further underlines how many employees now need to be supported by businesses in this area.

I’ve observed numerous organisations over the years attempting to implement neurodiversity policies with varying degrees of success. I have also been witness to several common pitfalls that can have a massive negative effect on multiple areas of the business. Addressing these issues is crucial for creating an inclusive and supportive workplace for neurodivergent individuals.

With that in mind, here I offer what I perceive to be the five biggest mistakes businesses make when rolling out neurodiversity policies.

1. Not Having Any Policy in Place at All

Sad, but sadly true. Some businesses have no policy in place at all. And the absence of a formal neurodiversity policies leaves neurodivergent employees without the support they need to thrive. The organisation leadership team has no guidance and the business runs the risk of being left wide open to litigation for discrimination.

In one instance, a well-known company had a high turnover rate among neurodivergent employees, this left the organisation with a varying skills gap. With an investigation via a comprehensive audit, it became clear that the lack of a structured policy meant these employees were not receiving the necessary accommodations, leading to frustration and eventual departure. By implementing a comprehensive policy, the company saw a marked improvement in employee retention and satisfaction, a more productive workforce and the correct accommodations being sourced. A simple fix with a very positive outcome.

2. Not Consulting with Staff from Day One

Engage leads to change. And failing to involve neurodivergent employees in the creation and implementation of policies can result in measures that do not address their actual needs. Remember, everyone is different, and a one size fits all approach will not work. So, your policy has to be created in a way that can be utilised to support the individual and the organisation to build the right support framework for everyone.

A tech and AI company introduced a neurodiversity policy without consulting its neurodivergent staff or seeking any form of professional advice. Resulting in a one-size-fits-all approach that didn’t cater to individual needs. After receiving feedback, they formed an advisory group (ERG) Employment Resource Group, of neurodivergent employees who provided valuable insights, leading to more effective and personalised support measures. This process supported everyone at all levels.

3. Not Reviewing and Updating Working Practices

If you don’t look back, you won’t move forward. Stagnant policies that are not regularly reviewed and updated can become obsolete, failing to accommodate evolving needs and best practices. This is actually across the board, policies should be live documents that get reviewed at regular intervals.

A service-based organisation initially implemented a neurodiversity policy at the point when the organisation only had a few members of staff. However, as the company grew, they failed to review their policy over the years. As a result, it did not reflect advancements in understanding and supporting neurodivergent employees. By establishing (ERG) Employment Resource Group they were able to create a review committee and scheduling regular updates, the company ensured their practices remained relevant and effective.

4. Failing to Utilise Available Tech and Support Systems

Don’t be afraid to embrace tech. Numerous technological tools and support systems can enhance the work experience for neurodivergent employees, but many companies overlook these resources. These resources are also evolving and improving on a daily basis.

A finance company struggled with providing adequate support to its neurodivergent employees until they invested some time with the team and utilised the support of access to work. This gave the organisation access, training and funding for specialised software designed to assist with time management and task organisation. This time and tech investment led to increased productivity and reduced stress among their neurodivergent workforce. With the addition of funding support the cost of implementation was kept to a minimal amount.

5. Failing to Embrace Flexible Working Approaches

Be less rigid. Why? Right work environments can be particularly challenging for neurodivergent employees who may benefit from flexible working arrangements especially if they are medicated.

During the pandemic, many companies shifted to remote work, revealing the benefits of flexible working for neurodivergent employees. One company I have recently worked with noted a significant boost in performance and job satisfaction among these employees when they were allowed to choose their work environment and hours. Post-pandemic, the company adopted a permanent flexible working policy, resulting in sustained improvements. This is actually not an isolated case and I have seen many examples where this approach has benefited many staff members for many different reasons.

Final thoughts….

Implementing effective neurodiversity policies requires a proactive and inclusive approach. By avoiding these common mistakes and actively engaging with neurodivergent employees, businesses can foster a more supportive and productive workplace. As a specialist in this field, I urge organisations to continuously evaluate and adapt their policies to meet the evolving needs of their workforce.

Jamie McAnsh
Jamie McAnsh
Head of Inclusion at Champions (UK) plc | Website | + posts
In January 2014, Jamie McAnsh woke up paralysed from the waist down due to Complex Regional Pain Syndrome (CRPS). Defying expectations, he climbed a mountain on his hands and has since become a renowned sports personality, playing wheelchair basketball for Cardiff and being the first disabled squash player in the Welsh Open Tournament. Jamie's inspiring journey includes completing 12 extreme challenges in 12 months, raising £250,000 for charity, and becoming a multi-award winner. Despite battling anxiety, depression, and severe dyslexia, Jamie has launched a successful career as an inspirational speaker, advocating for diversity, inclusion, and overcoming adversity.