Neurodiversity, Harassment And Misconduct

Employers are becoming more aware of neurodiversity and the benefits of more inclusive hiring strategies. At the same time, neurodiversity-based discrimination claims are on the rise. Cases where employees have committed misconduct linked to their neurodivergence can be particularly difficult, as a recent UK ruling illustrates.

Neurodiversity can include a range of neurological differences including autism, dyslexia, dyspraxia and attention deficit hyperactivity disorder (ADHD or ADD). Such conditions can often present concurrently as well as alongside mental health conditions such as anxiety and depression.

Neurodivergent or neuroatypical people may have a disability for the purposes of the Equality Act 2010 even if they do not have a formal diagnosis. It is unlawful to treat someone unfavourably because of something arising in consequence of their disability unless the treatment is a proportionate means of achieving a legitimate aim. Disability-related