What is Disability Discrimination?
The definition of disability discrimination is:
When an employee is treated less well or put at a disadvantage for a reason that relates to their disability in one of the situations covered by the Equality Act2.
Remember, not all disabilities are visible, just because you can’t see it, doesn’t mean it’s not there. An employee could still suffer challenges and needs which must be accommodated by an employer. For example, someone who suffers with dyslexia may need additional IT equipment when working on a laptop, or they may struggle with text heavy emails or make some spelling mistakes. Let’s take a look at how that can affect someone in the real world:
What is a Learning Disability?
A learning disability is defined by the Department of Health as a “significant reduced ability to understand new or complex information, to learn new skills (impaired intelligence), with a reduced ability to cope independently (impaired social functioning), which started before adulthood”3.
However, having a hidden disability, or difficulties that are caused by being neurodivergent will usually amount to a disability under the Equality Act 2010.
Is Dyslexia a Learning Disability?
It’s a question that gets asked a lot and it’s not surprising as over 6.3 million people in the UK are dyslexic (Gov.uk.) Dyslexia is a substantial life changing condition; substantial is defined as 'more than trivial'. Therefore, as dyslexia is a lifelong condition and has a significant impact on a person's day-to-day life, it meets the criteria of a disability and is covered by The Equality Act 2010 and therefore is considered as a type of learning disability.
Organisations can sometimes overlook these types of disabilities, maybe they don’t realise it is a disability, but what we do know is it can defy stereotypes of what people might think disabled people look like. This can make it difficult for people with non-visible disabilities to access what they need.
The Benefits of an Inclusive Workplace for Learning Disabilities
Now we’ve all seen the impact of the Great Resignation over the last year or so, According to Personnel Today over one in five employees say they are likely to switch to a new employer in the next twelve months. Organisations must act now!
Employee retention is central to the success of an organisation: high turnover costs time, money, and can affect morale. Most employee retention strategies fall short unless they take a truly inclusive approach. Organisations who lead in diversity and inclusion also report higher rates of employee retention.
There are so many rewards and benefits to having a diverse workplace, why not reap those benefits?
A truly inclusive organisation gives a voice to all employees. It allows an employee to be who they are, not one they feel they need to be to fit in.
"We are all different, which is great because we are all unique. Without diversity, life would be very boring."
- Catherine Pulsifer
How Can Neurodiversity Help Your Business?
According to The Donaldson Trust one in seven people in the UK are neurodiverse4, meaning that the way in which they process information will be different to others. Being neurodivergent includes learning disabilities such as dyslexia and dyscalculia, as well as other conditions which can mean individuals learn in a different way, such as autism and Attention Deficit Hyperactive Disorder (ADHD).
Organisations who embrace their neurodivergent employees by adapting to support them are more likely to experience advantages such as increased productivity, creativity, innovation and talent retention5. Adapting to support employees to ensure they are able to perform their role to the best of their ability isn’t just a duty of care responsibility towards employees but also a socially conscious one.
Embracing neurodivergent employees also contributes to:
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- inspiring creativity
- open communication
- building trust
All of these have an overall positive impact on an organisation’s performance.
How To Support Neurodiversity at Work?
Neurodiversity covers a spectrum of cognitive processing, but not all neurological differences are learning disabilities, such as autism and ADHD. However, in terms of the law, neurodiverse people who don’t have a learning disability face enough long-term significant challenges to be classed as having a disability at work6.
Being neurodiverse comes with a number of different daily challenges that can cause a lot of anxiety for the individual. However, there are things which employers can do which helps reduce the anxiety of those who are neurodiverse.
That is why in our learning module Neurodiversity Awareness we worked with neurodivergent people and asked them to share their stories about what it is like to be neurodiverse in the workplace.
Implementing changes could actually open up an organisation to a level of talent they haven’t yet experienced. Two of the many different change’s employers can look at implementing changes to encourage neurodiverse employees and potential candidates are recruitment and reasonable adjustments.
Inclusive Recruitment
Employers need to consider how their recruitment practices support neurodiverse candidates.
Recruitment application forms usually will ask if the candidate has a disability. After collaborating with individuals who are neurodiverse, they’ve suggested this question doesn’t work for them:
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- many neurodiverse people don’t see themselves as having a disability
- they would suggest they process information differently
- they would welcome adaptations which help
Changing this question to be more inclusive could:
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- widen a recruitment pool and encourage candidates to come forward
- demonstrate to candidates that if they are neurodiverse they are welcome
- demonstrate that they will be supported by the organisation
Help reduce anxiety for candidates by explaining clearly how to get to their interview location and exactly what they can expect will happen. This might involve:
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- sending candidates directions
- including photos of the route into the office
- even sending interview questions in advance
This is because those who are neurodiverse can at times experience the fear of the unknown. Allowing candidates to prepare will allow them to relax and give a stronger interview. Interestingly these changes probably would benefit all candidates regardless of being neurodiverse.
Reasonable Adjustments
Once employers have encouraged candidates to come forward at the beginning of their employment it’s important to ask about reasonable adjustments. Don’t assume what someone might need, ask them to be open and honest with you about their needs.
Small changes such as a quiet working space or noise cancelling headphone could make a marked improvement on someone’s ability to do their job.
Adaptions which support and encourage employees with disabilities whether they be physical, invisible, or learning are often small and cheap to implement. These small changes can help employees feel visible and heard, the ability to be seen and heard is extremely powerful. This power will allow your employees to bring their best self into work every day, but also for an employer to give this power back to employees shows they are an employer who cares.
Our soon to be released Equality, Diversity, and Inclusion learning module, is part of our well established Mental Health & Wellbeing eLearning content catalogue . If you’d like to find out more about how Access Learning can help improve mental health and wellbeing in your organisation get in touch and we’d be happy to talk to you.
Want to reduce high turnover? Then start by building an inclusive culture. We explore everything we’ve discussed today in our up and coming Equality, Diversity, and Inclusion learning module.
1 - Statistic taken from Mencap: Employment research and statistics
2 - Information taken from Equality and Human Rights Commission.
3 - Definition taken from the Department of Health: Valuing People
4 - Information taken from The Donaldson Trust webpage on Neurodiversity
5 - Statement taken from How to get the benefits of a neurodiverse workforce.
6 - Information taken from NHS England