I have been wanting to start this blog for some time and could think of no better month than April, which is Autism Acceptance month. There is also a very encouraging topic to start off with.
The Advisory, Conciliation and Arbitration Service (ACAS) have recently published comprehensive new guidance on ‘Neurodiversity in the Workplace’. This is very welcome, as we know that many people with neurodiverse conditions, do not have positive outcomes from employment. Only 16% of autistic adults in the UK are in full-time paid employment, and only 32% are in some kind of paid work.
ACAS are a government body but chaired by an independent council. They are influential in employment disputes, and their guidance is taken seriously by employment tribunals.
Their new guidance focuses on explaining the rights of employees with conditions such as autism, advising employers on how to accommodate employees with such conditions, and it explains the benefits to employers and companies of having neurodiverse people in their workforce.
Of particular use to many of us on the spectrum, is the information regarding adjustments for interviews. Many autistic people have excellent skills and can put together very impressive CVs and applications in order to get to interview stage. However, for someone on the spectrum, interview situations can create a multitude of issues. Many of the interpersonal skills that interviewers look for signs of, such as appropriate eye contact and body language, do not come naturally to an autistic person. This does not mean that autistic people can’t do them, but it takes up extra mental energy when doing so. Many autistic people find social situations draining, their anxiety is heightened, and this in turn leads to a lower tolerance for sensory input. An interview in a stuffy office, with painful office lighting, having to wear uncomfortable smart clothes is already likely to pose significant challenges. Add to this twice the amount of energy having to be used on simply determining when it is appropriate to speak and where to look. Then factor in that many autistic people can not always process what someone is saying automatically, and often have to have ‘stock’ or pre-prepared responses to hand in order to prevent a significant delay.
Better guidance, ideas and requirements for employers to help level the playing field for those with autism are all very well and good, but many autistic people will be reluctant to disclose their condition before an interview. The reasons for this are clear, considering the level of misunderstanding and discrimination that persists in many aspects of society. This is why there is a need to work with employers and raise awareness, to encourage them to offer access arrangements routinely, and be able to easily put them in place. Clear plans and policies that show understanding will encourage employees and future employees to be able to request the support they need. This will surely benefit employers, who are then able to gain capable, talented and loyal employees!
Whether to disclose your condition or not is a decision that is down to the individual. Some of the following information may be worth considering when making such a decision:
- In order to gain protection from the Equality Act, the employer/prospective employer must know or should have known about a person’s disability. In most cases, the best way to ensure protection will be to disclose a condition to an employer, however the responsibility also lies with an employer to be alert to the possibility of employees/prospective employees having such conditions. Therefore, the fact that a person has not disclosed their condition, may not mean the employer has legal protection against a discrimination claim. Particularly where an employee may have been unaware of their condition themselves.
- Employers have duties involving confidentiality. It is perfectly possible for an employee to tell an appropriate senior member of staff about a condition and request that no other members of staff be made aware. There may be a need to inform certain other members of staff or management in order to provide for certain reasonable adjustments, but this should always be discussed with the person who has disclosed their condition first to gain their consent.
- Given the low rate of autistic people in employment, particularly full time employment, it does beg the question, what is there to lose by disclosing a condition? If an employer does not take on someone because of their condition, then it is, in the author’s opinion, likely that this would not have been a positive environment for that person anyway (though this should not deter us from seeking justice in any such instance). Autistic people need understanding and acceptance. Employers who recognise the value of neurodiverse employees will make this clear and will respond positively to implementing reasonable adjustments. They will then reap the benefits!
- The Equality Act imposes conditions on employers asking pre-employment health questions. In many cases, such questions will be unlawful should they not meet the specific requirements in the Act, predominantly, being related to a specific aspect of the job that some health conditions may create difficultly for an employee to do. The questions should usually not be directed at past health conditions (only current ones), or a previous job’s sickness/absence levels. If a person, employee or employer, has concerns around any such questions on a job application, it is worth seeking advice.
Law on the Spectrum 