NEURODIVERSITY IN THE WORKPLACE
In this edition of The Legal Low Down, we unwrap key insights to support neurodiversity in the workplace, plus the latest updates from our team.
What is Neurodiversity?
Neurodiversity is a term that describes the natural difference in how our brains function, process, and communicate information.
Neurodivergent is typically used to describe a person whose brain is different to what is considered more typical. It is estimated that as many as 20% of people may be neurodivergent.
Neurodiversity recognises that conditions such as autism, ADHD, dyslexia, dyspraxia, tourette’s syndrome and others are differences in cognition.
Whilst definitions relating to neurodiversity are debated and not consistently agreed upon. The term recognises that we all think, learn and behave differently and each have our own strengths and challenges.
Is Neurodivergence a disability?
Neurodivergence can constitute a disability, but a neurodiverse individual is not automatically disabled under the Equality Act 2010. An individual must meet the legal definition of a disability.
Under section 6 of the Equality Act 2010 a person has a disability if they have a physical or mental impairment, and the impairment has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities.
Since 2024, this also includes a person’s ability to participate fully and effectively in working life on an equal basis with other workers.
Many neurodivergent individuals may meet this legal definition, particularly where their condition affects communication, concentration, organisation, processing, or social interaction over a sustained period. However, other individuals may not experience sufficient impact to be considered disabled under the Act.
This definition is important in employment law, because only those who meet the legal definition are entitled to the protections afforded to disabled employees, including the duty on employers to make reasonable adjustments.
Discrimination and inclusive workplaces
If an individual meets the legal definition of disabled under the Equality Act 2010 an employer must not discriminate
against them.
According to the CIPD Neuroinclusion at Work report, 1 in 5 neurodivergent employees have experienced harassment or
discrimination at work because of their neurodivergence.
A careful assessment is essential where there is an indication that a neurodivergent condition may be affecting
an individual in the workplace.
Discrimination in relation to neurodivergence can arise in several forms including:
- Direct Discrimination: treating someone less favourably because of their neurodivergence.
- Indirect Discrimination: applying a workplace rule or practice that disadvantages neurodivergent employees.
- Discrimination “Arising from Disability”: treating someone unfavourably because of something connected to their neurodivergence, such as their communication style.
- Failing to make reasonable adjustments: where a provision, criterion or practice places a disabled employee at a substantial disadvantage.
What Employers should do
Employers should take a proactive and individualised approach to supporting neurodivergent employees to reduce the risk of discrimination. Our top tips are:
Review workplace policies and practices to ensure they do not unintentionally disadvantage neurodivergent
employees.
Identify and address barriers early.
Train managers to understand neurodivergence.
CMP NEWS & EVENTS
Harrison qualifies as a Solicitor at CMP Legal
We’re delighted to announce that Harrison Easley has qualified as a solicitor and will be continuing his career at CMP Legal within our Corporate & Commercial team.
Harrison has proven to be a real asset to the team, consistently demonstrating a strong work ethic, excellent attention to detail, and
a keen willingness to get involved across a wide range of matters. His hard work and commitment throughout his training contract have been outstanding, and it has been a pleasure to celebrate this milestone this month.
We are thrilled to see Harrison take this exciting next step in his professional journey with us.
Well done Harrison!
Big welcome to Adam
We’re delighted that Adam has joined CMP Legal.
Adam joins the firm as Dispute Resolution Director, bringing over 15 years’ experience in handling complex disputes for businesses,
agricultural clients and private individuals.
He joins our team, supporting clients with a wide range of matters including property litigation, commercial disputes and agricultural litigation, as well as his specialist work in canine law with a focus on pedigree dog breeding and regulation.
Adam is known for his clear, strategic approach to resolving disputes efficiently and cost-effectively, always with his clients’ wider objectives in mind.
Great to have you on board Adam!
Joe promoted to Senior Solicitor
We’re delighted to share that, our corporate and commercial solicitor Joe Lowe has been promoted to Senior Solicitor.
Since joining the firm, Joe has proven himself to be an extremely hard-working, conscientious and committed member of the team. His approach with clients and the quality of his work have made him a fantastic addition to CMP Legal.
This promotion is a well-earned recognition of his skill and effort, and we have no doubt he will continue assisting supporting the department’s growth.
Congratulations Joe!
Siân celebrates 1 year at CMP and becomes a Trainee Solicitor!
We’re thrilled to celebrate Siân Summers’ one year anniversary at CMP Legal!
Since joining the Employment Team, Siân has become a valued member, working closely with Lauren Pickard and supporting
clients across a range of employment law matters. Her professionalism, commitment, and team-focused approach have been consistently recognised throughout her first year.
It’s especially exciting to see her training contract now underway, marking the next step on her path towards qualification as a
solicitor.
This is a well-deserved progression, and we look forward to seeing her continue to develop in her legal career!
Free Employment Law Health Check
Why not take advantage of our free Employment Law Health Check?
We’ll review your HR documentation, handbooks, contracts, policies, etc., to make sure everything’s up to date and legally sound.
Let us take care of the legal details so you can focus on running your business.
Employment Law and HR Retainers
We offer a range of annual subscription employment law support packages, provided by experienced employment lawyers to give you complete peace of mind as you prepare for the Employment Rights Bill coming into force next year.
Our packages are offered on a competitive fixed fee basis and all include day to day employment law support delivered by experienced employment lawyers as you navigate the new legal landscape.
Our packages are bespoke, therefore we can also include customised training and documentation, such as new and up to
date staff handbooks, policies and contracts.
With significant changes expected next year, now is the ideal time to strengthen your employment law foundations. Please
get in touch with Lauren Pickard via email at lauren.pickard@cmp.legal to find out more.
