Neurodiversity in the workplace: Acas issues advice for employers

Posted: 19/03/2025


To mark Neurodiversity Celebration Week, and following a previous update on neuroinclusion in the workplace, this article considers the advice to employers recently published by Acas, setting out steps they can take to create inclusive organisations and raise awareness of neurodiversity.

Understanding neurodiversity

Neurodiversity is an umbrella term used to describe a range of divergencies which reflect that people can think, process information and communicate differently to what is considered ‘more typical’. Naturally, this can have an impact on how employees work. Attention deficit hyperactivity disorder (ADHD), autism, dyslexia and dyspraxia are well-known types of neurodivergences, and the Acas guidance also references dyscalculia (a specific and persistent difficulty in understanding numbers) and Tourette’s syndrome as other types of neurodivergence. The guidance sets out some of the more common symptoms in respect of these conditions, including examples of how they can impact employees in the workplace, and contains links to further information.

As the guidance explains, neurodivergent employees may mask or conceal their condition at work in order to ‘fit in better’. This can in turn cause mental health problems and lead to an individual feeling exhausted and isolated.  

Neurodiversity can amount to a disability under the Equality Act 2010, triggering the duty on employers to make reasonable adjustments, and the risk of discrimination claims if this duty is not met or if employees are otherwise treated less favourably because of their neurodiversity.

The possibility of reasonable adjustments, such as a reallocation of duties or a change in working hours, should be discussed with the employee, and such discussions will need to be handled particularly sensitively in the case of a neurodivergent employee.

Talking about neurodiversity

Raising awareness of neurodiversity in the workplace can help to create a supportive environment so individuals feel comfortable talking about it. While talking about neurodiversity in a sensitive way can help to prevent problems at work and create an inclusive organisation, the Acas guidance emphasises that an individual does not have to tell their employer that they are neurodivergent. If they do decide to share this information, it is up to them when and how they do so. A supportive and inclusive environment in the workplace is likely to help this.

If an employer notices that an employee is having difficulty at work, they may suspect that an employee is neurodivergent; however, it is vital that this issue is approached sensitively. Employers should not ask directly about what they suspect, but instead talk to the employee about what they have noticed and frame the conversation positively by focusing on the support and reasonable adjustments that may help. Confidentiality should be maintained unless the employee agrees otherwise.

The Acas guidance sets out the importance of using appropriate language around neurodiversity. As with many things, there is no ‘one size fits all’ approach here as the language around neurodiversity changes over time and individuals have different preferences about the terms used. However, it is important that all staff are sensitive in the terms they use. If in doubt, ask the neurodivergent employee what terms they would prefer.

Performance, conduct and capability

Employers should take particular care when dealing with performance, conduct and capability issues for neurodivergent employees. Before commencing a formal procedure, an employer must make sure they have done all they reasonably can to support an employee. Usually, informal discussions and, where appropriate, resolution should be the first step when concerns arise. However, if there is a conduct or capability issue after this support is in place, or there are issues unrelated to an employee’s neurodivergence, an employer may need to formally investigate performance regardless.

It is important that an employer makes reasonable adjustments for disabled employees throughout any formal process. The Acas guidance makes it clear that an employee should be offered support, even if they only disclose their neurodivergence after a formal procedure is started.

Making the organisation neuroinclusive

Finally, the Acas advice includes a number of suggestions as to how employers can make their organisations neuroinclusive, such as:

  • reviewing the recruitment process;
  • training and supporting managers;
  • raising awareness of neurodiversity;
  • considering support for all employees, so neurodivergent employees can get support without having to share their neurodivergence; and
  • having a neurodiversity policy.

In summary, the Acas guidance is a useful resource for employers on how to deal with neurodiversity in the workplace. Employers would be well advised to familiarise themselves with this advice to create a supportive and inclusive workplace for all staff.


Arrow GIFReturn to news headlines

Penningtons Manches Cooper LLP

Penningtons Manches Cooper LLP is a limited liability partnership registered in England and Wales with registered number OC311575 and is authorised and regulated by the Solicitors Regulation Authority under number 419867.

Penningtons Manches Cooper LLP