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Can you legally ask if someone is neurodivergent during the recruitment process?

14 June 2024

It is estimated that 1 in 5 people are neurodivergent in some way, representing a significant proportion of any workforce. Organisations must consider neurodiversity as an essential part of their Equality, Diversity and Inclusion strategy and their people management approach.

Yet it can be a difficult area to get right and the fear of getting things wrong and asking the wrong questions can result in inaction or avoidance, further compounding the inequalities faced by neurodivergent people.

In this blog, we explore neurodiversity further, the organisational benefits of being a neuroinclusive workplace and how to ensure your hiring practices are inclusive and legally compliant.

What is Neurodiversity?

Neurodiversity refers to the natural variation in how the human brain functions and processes information, and our behavioural traits. It describes how we experience and interact with the world around us. There is no ‘correct’ way to think, learn or behave; our differences are strengths, not deficits, and we are uniquely us.

What are examples of neurodiverse conditions?

There are several examples of how brains can process information differently and types of neurodiversity. Each neurodivergent person will have a range of associated characteristics which can vary considerably. Some of the common types are:

  • Autism, or Autism Spectrum Conditions
  • ADHD: Attention Deficit Hyperactivity Disorder, or ADD: Attention Deficit Disorder
  • Dyslexia
  • Dyspraxia, or Developmental Coordination Disorder (DCD)

Why is awareness of neurodiversity in the workplace so important?

According to the CIPD, the potential of an organisation to reach the full spectrum of talent, provide an environment where every type of thinker can thrive, and ultimately achieve its goals, is hugely shaped by its neuroinclusivity.

By embracing different thinking styles at work, you can unlock your employees’ full potential, harness their skills and boost their productivity and engagement. It will also help to attract and retain top talent and strengthen your employer brand.

On the flip side, research indicates that overlooking neurodiversity can significantly impact employee wellbeing. Some neurodivergent employees experience feelings of judgement or have had to hide their true selves, resorting to ‘masking’ behaviours in order to appear neurotypical. This can have a damaging effect on their mental health.

What does hiring a neurodivergent employee mean for the organisation?

The organisational benefits of neuroinclusion are wide-reaching. Neurodiverse individuals bring a range of strengths including hyperfocus, innovative thinking, creativity and detail processing. They often have unique and diverse perspectives and insights, along with high levels of perseverance and resilience.

Yet, some employers tend to focus on the perceived challenges associated with neurodivergence, rather than the benefits. Neurodiversity can appear a complex topic initially, particularly as some people choose not to disclose it. However, many organisations are discovering that the minimal time and effort needed to make adjustments to workspaces, practices or processes are worthwhile.

Can I legally ask if someone is neurodivergent during the hiring process?

Put simply, no. Under the Equality Act 2010, being neurodivergent will often amount to a disability, even if the person does not consider themselves to be disabled. Therefore, asking this question, and receiving a disclosure of disability, could be discriminatory.

Instead, you should invite all candidates to inform you of any specific support needs during the hiring process and make it clear that these will be supported.

Greater neuroinclusion can help you to attract diverse talent, which is fantastic for your organisation!

Top tips for making your recruitment process more inclusive for neurodivergent candidates

  • Job Adverts and Job Descriptions should be written in regular everyday language. 
  • You  could include a diversity and inclusion statement in your job description and advert signals that your organisation consciously welcomes candidates with different identities and thinking styles
  • In a job description, clearly outline the core skills for the role, rather than including skills like ‘must be an excellent communicator’ if it’s only a nice-to-have. Otherwise, this could dissuade talented candidates who are literal thinkers from applying.
  • Interviews can be unintentionally exclusionary and overwhelming for neurodiverse candidates as they often rely on social cues, such as body language and eye contact. Consider offering online interviews to those who prefer it. You could send interview questions in advance and let candidates bring notes to the interview. Try to choose clear and concise questions, rather than compound or hypothetical ones.
  • As part of the application process ask if they need any specific support during the process and be clear that this will be supported. You could also state what accommodations you offer as standard such as offering remote interviews where this is preferred. 
  • Be clear at an early stage what the process will involve and what they can expect. Tell candidates about the interview format, duration and any additional tasks they will be asked to do. 
  • Give a generous deadline for applying and stick to it. Closing the search early is likely to affect neurodivergent candidates disproportionally highly.
  • Be flexible. Could you offer the opportunity to submit their ‘covering letter’ in writing, through a voice note or by recording a video? 

Integrating neurodiversity into your Equality, Diversity and Inclusion strategy and adopting neuroinclusive hiring practices will bring significant benefits to your organisation.

Cultivating an inclusive culture where people are valued for who they are and can authentically be themselves will unlock potential, attract diverse talent, and do wonders for your reputation.

How can we help?

We can help you support an individual employee by looking at what adjustments could be made to the workplace, connecting you with specialist support where needed (it isn’t always as expensive as you may think!) and arranging training as needed. 

We can also help by assessing what your organisation could do to make them more inclusive and attract a wider more diverse set of candidates. 

If you would like to talk to us about how we can help please arrange a call here. Or if you would like quick access to our team of HR experts you can purchase pay as you go time directly through our shop if you are not already a client. CHARITY10 gets you 10% off our prices for our charity clients.