By Bartosz Wszeborowski, advocate, senior lawyer and Zuzanna Janelli, trainee-advocate, lawyer at PCS | Littler

How we perceive reality, and the way we experience the world differs from person to person. There are greater differences among some of us regarding how we view ourselves and life around us. Although we might not be aware of it, we likely encounter neurodiverse individuals every day, whether on public transport, in crowds, or at work.

Companies are increasingly aware that some of their staff are on the autism spectrum or have ADHD. Such individuals can be referred to as non-neurotypical or neuroatypical. In recent years, there has been a growing awareness of how common these conditions are. Research indicates that up to 1% of the population is somewhere along the autism spectrum, and as many as 6% of people may have ADHD.

As we continue to learn more about neurodiversity, it is important for employers to consider the specific needs of their neurodivergent employees.

What is neurodiversity?
Neurodiversity encompasses the range of variations in how people’s brains function and process information, including autism, dyslexia, ADHD (attention deficit hyperactivity disorder), dysgraphia, dyspraxia, Tourette syndrome and Down syndrome. Neurodiversity can be seen as an asset, as it brings a variety of perspectives to the table. That is why neurodiversity should not be perceived as an illness or a defect, but rather as a state in which a person requires more support in certain aspects of life.

Every person and situation is unique, meaning there are variations in the needs and life circumstances of employees with disorders. While employers should not attempt to diagnose medical conditions, they can be mindful of neurodiversity within their workforce.

One of the most common neurodevelopmental conditions is ADHD. Employees with ADHD may struggle to focus on tasks, especially repetitive and time-consuming ones. However, this does not mean that ADHD employees cannot achieve satisfactory results in their work. They may excel in tasks that allow them to see the results of their work quickly or require adaptability to constant change.

Autism spectrum disorder is another commonly encountered condition. Individuals on the autism spectrum often possess valuable workplace strengths, such as innovative problem-solving, attention to detail, and strong focus.

Dyspraxia (also known as the ‘clumsy child syndrome’) is a neurological condition that affects a person’s ability to plan and execute precise movements. Dyslexia is a specific learning difference that affects reading, writing and speaking skills. However, both dyslexia and dyspraxia are unrelated to intelligence, and individuals with these neurodivergences have the same intellectual potential as anyone else.

ADHD and autism – sensitive information?
Employee health information is subject to special protection. Thus, the employee is not obliged to disclose it to the employer, unless they choose to do so. Even then, there are specific legal conditions that must be met. The list of information an employer may request from an employee is clearly defined by law. According to Polish employment law and court rulings, an employer may request information about an employee’s health only if it is necessary to ensure the proper use of employment rights. And according to GDPR, employee health information is considered a special category of personal data.

How to create a neurodiverse-friendly environment
Many employers focus all their attention on diversity, equity, and inclusion (DEI) policies. However, it is important to remember that neurodiversity is a key component of a truly inclusive workplace, just as colour, race, gender, age, ethnicity, or sexual orientation. Companies’ internal policies should therefore consider the situation of such employees, ensuring that neurodiverse workers feel noticed and heard.

Introducing internal regulations is just the starting point. Polish labour law does not mandate specific workplace adjustments for neurodiversity, so it is the employer’s role to create supportive working conditions for such employees.

The first recommended action is to adapt office space and working conditions.  As working in an office can often lead to increased stress and anxiety, a good solution is to provide flexibility in terms of remote work and working hours. Allowing remote work or adjusting working hours to suit neurodivergent employees’ natural rhythms can help improve their comfort and help them avoid excessive stress caused by a changing office environment.

Office environments can be particularly challenging for neurodivergent individuals. Noise and sensory overload can negatively affect both their well-being and performance. Therefore, creating quite zones or dedicated focus rooms is worth considering. Noise-cancelling headphones can also be a helpful tool. Big open-spaces are unlikely to be a place where these employees will feel comfortable, so smaller, more private workspaces may be a better solution.

Neurodiversity should also be taken into account when evaluating employee performance. In most organisations, there is an established way of conducting such assessments. However, neurodivergent employees require individual approach, considering their specific strengths and needs. For example, some neurodivergent workers may need more frequent and detailed feedback to support their professional development.

Neurodivergent individuals may also find it difficult to process large amounts of information quickly. Providing clear, specific instructions, broken down into manageable steps, is essential. Where possible, offering flexibility with deadlines can also help reduce pressure and improve focus.

Some neurodivergent employees, particularly those with autism or ADHD may need additional emotional support. Companies could consider offering employee individual support programmes, providing access to counselling, as well as mentoring or coaching. These can be offered as part of a comprehensive employee benefits package.

Raising awareness among employees is key to creating a supportive environment. Regular training for managers and teams is recommended to help them better understand the needs of neurodivergent colleagues and support them in their daily work. Employers should also proactively engage in regular conversations with neurodivergent employees to discuss their needs and preferences regarding workspace, working model, or communication styles.

The cost of inaction: a case study
The significance of adjusting the work environment and taking into account the employee’s health has been demonstrated by a case of Npower, a British gas and electricity supplier. An autistic former employee successfully won a claim for indirect discrimination after the company failed to make necessary adjustments in the workplace. An employment tribunal in Leeds found that Npower failed to understand the employee’s needs and neglected to implement recommendations made by their occupational health team. The employee, who was sensitive to noise and smells in the open-plan office, felt isolated and unsupported, particularly after insensitive remarks from their manager. Despite the employee’s diagnosis of anxiety disorder and pending autism assessment, the company did not make the necessary adjustments or provide support. Ultimately, the tribunal ruled that Npower’s failure to make reasonable adjustments disadvantaged the employee compared to non-disabled employees, which constituted indirect discrimination on the grounds of disability.

Conclusion
Open communication, mutual understanding and empathy, as well as commitment to reasonable adjustments are essential for creating a workplace where all employees can reach their full potential. By recognising the unique strengths and needs of neurodivergent employees, employers can make simple adjustments and foster an inclusive and supportive work environment.