An employment tribunal found that an employer who failed to act on an occupational health recommendation to provide training to raise awareness and equip staff with practical knowledge and skills to support neurodiverse colleagues, was in breach of its duty to make reasonable adjustments.
The training was recommended to support a senior employee with ADHD, whose performance was affected as a result (she struggled with ambiguity, multitasking and tight deadlines, and tended to overcomplicate things), and the training was intended to help her colleagues to understand how they could work better with her.
The Claimant did not want the training to be made obviously about her, which the Respondent mistakenly interpreted as her not wanting it to happen at all.
The Tribunal was critical that the training was not arranged, concluding that it could have been delivered without putting the Claimant in an awkward position.
The Respondent also failed to make reasonable adjustments by not arranging sessions aimed at improving time management and coping strategies, and by failing to set the claimant achievable and realistic targets.
This case re-affirming employers’ duties under the Equality Act 2010 regarding neurodiversity and reasonable adjustments. Reasonable adjustments are not limited to direct changes in the disabled employee’s workload or tools, the adjustments can also include supporting the disabled employees’ colleagues with training so that the workplace as a whole becomes more inclusive. Making reasonable adjustments may require creative workplace-wide measures and a proactive approach to implementing suggestions from medical advisors.
Our employment law specialists can help you review your policies, implement reasonable adjustments, and provide training to foster an inclusive environment while staying compliant with the Equality Act 2010. Contact Backhouse Jones today to protect your business and support your team.
This article was written by Gabrielle Scriven.