Once seen as a tick-box exercise, diversity and inclusion have thankfully come a long way. But while many workplaces have made great strides in areas like gender and race, one area still doesn't get the airtime it deserves: neurodiversity.

If you're an in-house lawyer juggling a million priorities, you might wonder why this should climb higher up the agenda. Here's the thing: embracing neurodiversity isn't just the right thing to do – it's a serious business advantage. Organisations that genuinely value neurodiverse talent see tangible benefits: enhanced innovation, improved problem-solving, and stronger employee loyalty.

What do we mean by 'neurodiversity'?

Neurodiversity refers to the natural variations in how people think, process information, and interact with the world. It includes conditions like autism, ADHM, dyslexia, dyspraxia, Tourette's syndrome, and others. Rather than viewing these differences as deficits, the neurodiversity movement celebrates them as strengths.

Around 15-20% of the population is neurodivergent, according to research from the UK charity Neurodiversity in Business. That's a sizeable talent pool your business can't afford to overlook – and yet, many talented individuals remain underemployed or unsupported.

Legal protections for neurodivergent employees

Under the Equality Act 2010, some neurodivergent individuals will meet the legal definition of 'disabled'. This means they are protected from discrimination, harassment, and victimisation related to their neurodivergence. Crucially, employers have a legal duty to make reasonable adjustments to remove or reduce disadvantages experienced by disabled employees.

Why embracing neurodiversity gives businesses an edge

Studies show that neurodiverse teams often outperform their peers in areas like creativity, pattern recognition, and strategic thinking. A report by Harvard Business Review found that companies with neurodivergent employees saw improved productivity, quality, and employee engagement.

There's also a growing body of evidence linking inclusive practices to better financial performance. According to a Deloitte study, diverse organisations are 2.3 times more likely to outperform their peers in profitability. Neurodiversity, when embraced meaningfully, can be a catalyst for this success.

 In an economic climate where fresh thinking and resilience are non-negotiable, embracing different ways of thinking isn't just 'nice to have' – it can be a survival strategy.

Common barriers for neurodivergent employees

Despite the clear advantages, many workplaces still unintentionally put up barriers. Some common challenges include:

• Rigid recruitment practices. Traditional interviews often assess social skills over core competencies.
• Inflexible working environments. Open-plan offices, bright lights, and noisy spaces can be overwhelming.
• Lack of awareness. Colleagues and managers may not understand neurodivergent needs, leading to misinterpretation or unfair performance evaluations.
• Stigma and fear. Many employees feel unsafe disclosing their neurodivergent status, fearing discrimination or misunderstanding.
• Masking. Neurodivergent individuals may feel pressured to "mask" their differences to fit in, which can be exhausting and damaging to mental health. Employers must create cultures that encourage authenticity.

Addressing these barriers requires intentional change. It’s not about lowering standards – it’s about enabling brilliant people to do their best work.

Practical steps to create a neuroinclusive workplace

Want to move beyond good intentions? Here are some actionable ways to support neurodivergent colleagues:

• Rethink recruitment. Traditional interviews often disadvantage neurodivergent candidates. Focus on skills-based assessments, offer adjustments like sending questions in advance, and allow alternative ways to demonstrate competence.
• Offer flexible working. Remote or hybrid options, flexible hours, and quiet spaces in the office can make a huge difference. Simple adjustments to workspace design – such as offering noise-cancelling headphones or access to low-stimulation areas – can go a long way.
• Train your teams. Educate managers and employees about neurodiversity through resources like ACAS guidance. Empower people to understand how they can support colleagues day-to-day.
• Champion open communication. Foster a culture where employees feel safe disclosing their needs without fear of stigma. Understand that discussions around neurodivergence can be highly personal and must be handled with sensitivity.
• Adapt policies and practices. Review HR policies to ensure they are inclusive by design, not by exception. This includes onboarding processes, performance evaluations, and grievance procedures.
• Provide tailored support. One-size-fits-all solutions rarely work. Co-create adjustment plans with neurodivergent employees based on their specific needs, not assumptions.
• Signpost external support. Employers can direct employees to the government-funded Access to Work scheme for additional support. This scheme can help cover the costs of practical workplace adjustments, specialist equipment, coaching, and other services.
• Use inclusive language. Follow best practice by using identity-first language (e.g., "is autistic") if the individual prefers, and avoid terms like "suffering from".
• Implement adjustment passports. These documents record agreed workplace adjustments, providing consistency and saving employees from repeatedly disclosing their needs when they change managers or roles.
• Establish a neurodiversity network. A staff-led network can play a crucial role in shaping and embedding neuroinclusive practices, raising awareness, and offering peer support.
• Celebrate neurodiversity. Mark events like Neurodiversity Celebration Week and share success stories internally to normalise difference and bust myths.

What does this mean for in-house lawyers?

You have a real opportunity to drive change, both within your legal function and across the wider business.

Here’s how:

• Policy development. Ensure your company’s D&I policies explicitly include neurodiversity and outline clear commitments.
• Training and awareness. Lead the charge on educating senior leadership and people managers about the legal landscape – including obligations under the Equality Act 2010 – and the commercial benefits of inclusion.
• Risk management. Help your organisation avoid costly legal disputes by advising on reasonable adjustments, discrimination risks, and best practice.
• Procurement and partnerships. Embed neurodiversity considerations into your supplier selection processes, ensuring your partners share your inclusion values.

Embedding neuroinclusion isn't about overnight transformation. It's about taking practical, proactive steps that build a workplace where everyone – however their brain works – can thrive.