Neurodiversity
- An overview of the most common conditions, autism, ADHD, dyslexia and dyspraxia.
- Difference between diagnosis and self-diagnosis.
- A brief appraisal of initiatives designed to support neurodiversity in the workplace.
- Awareness, opportunities, recruitment, support, adaptations.
Neurodiversity and discrimination
- Discrimination – direct and indirect. Sections 13 and 15 of the Employment Rights Act 2010.
- Disability – the legal definition. Section 6 ERA 2010, neurodiversity will not always be a disability, but is likely.
- The effect of the condition, rather than diagnosis.
- What are the risks – “invisible” disability, employer knowledge when dealing with performance and misconduct.
Case law
Increase in claims referring to autism, ADHD etc.
- Sherbourne v N Power Ltd ET1811601/2018 indirect disability discrimination and failure to make reasonable adjustments.
- Morgan v Buckinghamshire County Council (EAT, 2022) – harassment.
- McQueen v General Optical Council (EAT, 2023) – victimisation.
- Borg-Neal v Lloyds Banking Group (ET, 2023) - AECOM v Mallon (EAT, 2023) – failure to make reasonable adjustments.
- Godfrey v Natwest Market Plc [2024] EAT 81 – consideration of constructive knowledge.
- Compare with JC v Gordonstoun Schools Ltd [2016] CSIH 32, Ct Sess (Inner House) (an education discrimination case) – ADHD did not impact on social skills.
- Neurodiversity throughout the employment lifecycle
- A final note on appropriate adjustments at Employment Tribunal hearings.
Speakers bios:
Jackie Turner – Jackie is a Partner in the Knights employment team, and has extensive experience in providing commercial, straightforward advice to clients on a wide range of both contentious and non-contentious issues.
Shona Morton is a Partner in the Knights employment team, Shona advises on all aspects of employment law with specialisms in the financial and further education sectors.
Francesca Lilley supports clients with practical and strategic advice on a wide range of employment issues, from complex disciplinaries to reorganisations.
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