October is ADHD Awareness Month. But beyond this, awareness of ADHD has been growing steadily for the past few years as more people are either being diagnosed with the condition or identifying that they may have it. As employers you should expect to have employees with the condition in your teams, and it’s important that you understand the condition and know how to support those with it.
From a legal perspective, many people with ADHD will qualify for protection against disability discrimination under the Equality Act 2010. The diagnostic criteria for ADHD reflect the substantial challenges – including in relation to focus, impulse and concentration – those with the condition may experience, and it is a lifelong condition. Businesses should, therefore, assume that anyone with ADHD may qualify as disabled under the Equality Act as they have a ‘mental impairment’ (in the language of the Act) that has a substantial and long-term effect on their ability to carry out day-to-day activities. Significantly, a diagnosis isn’t necessary to be considered disabled under the Equality Act – lengthy NHS waiting times and the cost of private assessment mean that many people with ADHD will not have one.
So, what practical steps should organisations be taking to support their employees with ADHD to thrive, as well as to minimise legal risk? Training line managers about ADHD (and neurodivergence generally) is a helpful starting point. This will help them to have informed conversations with employees with ADHD and to support them in their roles. It will also help them to handle discussions about any performance and conduct issues appropriately, taking account of the potential impact of the employee’s ADHD in addressing them, and reducing the risk of discrimination or harassment as well as grievances and legal complaints.
Alongside this, implementing a reasonable adjustments policy helps to ensure a consistent and high-quality approach. If an employee discloses that they have ADHD (or it is apparent that this may be the case), a key step is to consider what reasonable adjustments may be required to support them. Because individuals are each affected in different ways, it’s important to listen to the employee and discuss their needs. If the employee has a diagnosis it may come with some guidance on the support required; additionally, occupational health advice could be obtained, and of course, the employee themselves may know what works for them.
Employers sometimes fear that adjustments required to support a neurodivergent employee may be onerous, expensive, or disruptive. However, in practice many effective adjustments are simple and inexpensive, such as providing headphones to screen out potentially distracting or overwhelming background noise, fidget toys, and regular movement breaks. it may be appropriate to trial adjustments to test both whether they help the employee and the impact on the business. Some employees may request a quiet place to work or more time working from home. And neurodivergence training for line managers may in itself be a reasonable adjustment.
With better understanding, clear communication and often basic adjustments, employees with ADHD can thrive and contribute fully at work – please give one of our expert team a call or get in touch via our Contact Form.
