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Writer's pictureLeah Norman

Wired Differently

Embracing Neurodiversity: A call to action for employers


In recent years, awareness of neurodiversity has significantly increased, bringing forth a deeper understanding of how it impacts the workplace.


Neurodiversity refers to the variation in the human brain regarding sociability, learning, attention, mood, and other functions. This understanding places a crucial responsibility on employers to foster an inclusive environment that accommodates and supports neurodiverse individuals.


Understanding the legal landscape


A recent case, HFM v IMH [2024] NZERA 100, sheds light on the implications of not adequately accommodating neurodiversity in the workplace.


The Employment Relations Authority found that the employer failed to consider the nuances of communication with an employee who had disclosed an ADHD diagnosis. The employee, HFM, experienced anxiety related to a letter sent by the employer, which was perceived as confrontational and indicative of potential disciplinary action.


This case highlights the importance of being mindful of the timing, tone, content, and context of communications with neurodiverse employees. Employers must recognise that what may seem like a standard procedural communication can have a profound impact on an employee with neurodiversity, potentially leading to feelings of panic or anxiety.


Practical implications for employers

  1. Foster open communication: Establish a culture that encourages dialogue. Actively engage in open conversations with neurodiverse employees to understand their specific needs. This not only helps in addressing concerns but also promotes a sense of belonging.

  2. Tailor communication: Be mindful of how messages are conveyed. Use clear, straightforward language and avoid ambiguous statements that could lead to misunderstandings. This approach can alleviate anxiety and enhance the employee’s understanding of expectations.

  3. Provide support: When addressing workplace performance or medical inquiries, ensure that requests for information are reasonable and relevant. Avoid intertwining unrelated issues, as this can lead to confusion and distress. Employers should seek clarity on how a neurodiverse condition may impact an employee's role and what support may be required.

  4. Implement training programmes: Consider offering training sessions for all staff on neurodiversity. This can foster a more inclusive workplace culture and educate employees on how to support their neurodiverse colleagues effectively.

  5. Review existing (& possibly historic) policies and procedures: Assess existing workplace policies to ensure they do not inadvertently disadvantage neurodiverse employees. This includes revisiting sick leave policies, performance evaluations, and communication protocols.


The journey towards embracing neurodiversity in the workplace is not just about compliance with legal obligations; it's about fostering an inclusive environment where every employee can thrive.


By recognising the unique strengths and challenges of neurodiverse individuals, employers can enhance overall team dynamics, boost productivity, and create a more engaged workforce.


The team at Yellow are committed to supporting businesses in developing strategies that promote neurodiversity and inclusion. Let us partner with you to ensure that your workplace is not only compliant but also a place where all employees feel valued and empowered to contribute their best.


Disclaimer This article, and any information contained on our website is necessarily brief and general in nature, and should not be substituted for professional advice. You should always seek professional advice before taking any action in relation to the matters addressed.

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