Supporting neurodiverse staff in the education sector

With a sharp increase in Employment Tribunal claims related to neurodiversity over recent years, employers in the education sector should take proactive steps to support neurodiverse staff in the workplace. 

It is important for all employers, including those in schools and academies, to understand the legal framework which underpins their obligations in respect of the employment of neurodivergent individuals, such as the requirements under the Equality Act 2010 to not discriminate against a disabled person and to make reasonable adjustments.

A recent employment tribunal decision has highlighted the importance of implementing reasonable adjustments and fostering an inclusive workplace culture. In Khorram v Capgemini UK Plc, the Employment Tribunal found that the employer breached its duty to make reasonable adjustments by failing to act on some occupational health recommendations. The recommendations included:

• providing neurodiversity awareness training for staff;
• offering support sessions focused on time management and coping strategies; and
• setting realistic and achievable performance targets.

We note that the case did not concern an employer in the education sector, and the ‘reasonableness’ of the adjustments that Capgemini ought to have made for Ms Khorram are specific to the circumstances of her employment and the resources of her employer. However, schools and academies can nevertheless benefit from some of the learning points, particularly, in our view, on the types of adjustments that schools should consider making for neurodiverse staff. 

Key takeaways for employers in the education sector

Although tribunal decisions do not create a binding precedent, the Khorram case offers a valuable reminder for employers as to what is expected in terms of reasonable adjustments. In the education sector, job roles often require staff to be adaptable and able to multi-task.

To better support neurodiverse staff in the education sector, schools and academies should consider the following actions:

1. Obtain and act on occupational health advice promptly

With the employees’ consent, seek input from an occupational health specialist and workplace needs assessment if required. Treat occupational health reports as useful guides for supporting staff and carefully consider the advice.

If reasonable, implement recommended adjustments without delay; however, employers do need to be sensitive in their approach. We do not recommend that managers ask employees directly about neurodiversity if this information is not offered by the employee in the first place.

2. Deliver inclusive neurodiversity training

Provide training for staff that raises awareness of neurodiversity and equips them with practical strategies to support neurodiverse colleagues.

Remember that individuals may feel uncomfortable if it is obvious that a neurodiverse training session is being delivered because of a specific individual. However, this does not mean that training should be cancelled or abandoned without consideration of how the session could be presented in a way that is both inclusive and sensitive to individual privacy.

3. Set realistic and supportive goals

Tailor performance expectations to reflect the unique strengths and challenges of neurodiverse staff, promoting fairness and wellbeing. Be mindful of multitasking and ensure that you set achievable and realistic tasks.

Simply providing additional objectives may exacerbate existing issues. Regularly review policies and practices to ensure they accommodate diverse needs. Foster an environment where all staff feel valued and supported. Senior leaders should cultivate relationships where staff feel comfortable being themselves and speaking about their needs without fear of judgement or reprisal. 

4. Be proactive

Remember that the duty to make reasonable adjustments is a positive one. As soon as you are aware that a disabled employee has been placed at a substantial disadvantage, then you must consider reasonable adjustments to help ameliorate the disadvantage. 

5. Recruitment

Although there were no successful complaints about recruitment in the Korram decision, schools and academies should still consider revisiting their job advertisements and application information packs to make the importance of inclusion for all explicit as well as directly stating how valuable neurodiverse teachers are in education.

To assist employers, ACAS has published practical guidance on understanding neurodiversity in the workplace.

Conclusion

The Employment Tribunal’s decision in Khorram serves as a timely reminder for schools and academies to prioritise inclusivity of neurodiverse staff and to carefully consider the duty to make reasonable adjustments. 

Doing so not only ensures compliance with legal obligations but also strengthens the overall educational environment - empowering all staff to thrive. It is also important as part of ensuring an employer meets its legal obligations, for example to make reasonable adjustments for disabled job applicants and employees.