Neurodiversity refers to the different ways the brain functions in areas such as information processing, concentration, sensitivity to stimuli, social functioning, emotional responses, and more.

The term was popularised in the late 20th century by an Australian sociologist, Judy Singer. She argued that autism is not a disorder or a deficit, but rather a different (unique) way of functioning and perceiving. A person who is neurodivergent means someone with a condition like autism, ADHD or dyslexia. 

In this article, we take a look at the current landscapes in the UK and Poland when it comes to neurodiversity at work, some of the challenges that organisations face in these jurisdictions and ways that employers can support all their employees in the workplace with neuro-inclusivity in mind.

In Poland, general estimates say that 15-20% of the population is neurodivergent. Statistics show that the number of diagnoses (or more specifically, certificates on special educational needs) is rapidly growing in Poland, especially with respect to autistic spectrum disorder (ASD or ‘autism’). Depending on the source, these numbers increase as much as by 20% each year. In the 1980s, ASD was diagnosed in 1 in 2,000 Polish children, whereas in recent years it has been diagnosed in 1 in 100, while strikingly in the U.S., the diagnosis ratio is 1 in 54.  

It is a similar story in the UK. Taking autism alone, studies from 2021 found a 787% rise in the number of autism diagnoses between 1998-2018 in the UK.  

What is behind such a rise? Is it due to increased awareness and a greater understanding of the condition? A trend of diagnosis sometimes being given unnecessarily (or prematurely)? Or perhaps more advanced diagnostic tools, more clinicians able to make the diagnosis and/or the development of broader diagnostic criteria having been developed? Are there biological or environmental factors which could partly explain this growth? There are no simple answers. 

The fact remains, however, that employers need to be mindful of neurodiverse staff and look to adapt their practices with neurodiverse talent in mind. The generation in which diagnoses have increased will soon enter or have already entered the job market. These individuals are aware of their strengths (sometimes labelled as “superpowers”), but also of the challenges they can face, and have specific expectations from employers.  

In the UK, neuro-inclusivity is becoming a priority for many employers. We are seeing an increasing number of neurodiversity-driven initiatives indicating a positive change in how employers view talent and inclusivity. Employers are recognising that neurodivergent individuals may have particular desirable traits such as excellent problem-solving skills, careful attention to detail, and a strong focus, which could lead to potential competitive advantage. Employers are therefore looking to foster neurodiverse talent.  

In Poland, access to the job market for neurodivergent individuals can still be challenging, however. Stereotypes and prejudices still exist. According to statistics, currently less than 10% of employees decide to inform their manager that they struggle with difficulties in the workplace linked with conditions like ADHD and/or autism. Fortunately, there are also companies in Poland that are more open-minded. They consider diversity in thinking styles as valuable and know that neurodivergent employees bring qualities such as accuracy, commitment, above-average analytical skills, and creativity. 

Are Polish employers properly prepared? Do they know how to support neurodivergent individuals, how to raise awareness and counteract prejudice and hidden bias? What actions should be taken? How should the employers handle more challenging situations? Our Polish clients have described various situations and sought support in this area. One of them involved an employee diagnosed with ADHD as an adult. He had difficulty staying focused, especially when he was not passionate about the entrusted task. On the other hand, he was hyper-focused when the task was interesting to him and when there were multiple tasks to be completed simultaneously. He would approach these activities immediately, but could not bring himself to start tasks that he found boring, no matter what. He had issues with time-management and meeting deadlines. 

Another case involved an employee with ASD. He became anxious and at times offensive during brainstorming meetings or other meetings with no specific reason as to why. He was sometimes rude, explaining that he actually thought his colleagues were making fun of him. This employee also had some issues with flexibility, such as changing his approach to the preparation of a report. Against all of this, he possessed an outstanding level of creativity and was adept at producing out-of-the box solutions. 

In the UK, although employers tend to be increasingly open to neuro-inclusivity, employment tribunals have seen an upward trend in discrimination claims relating to neurodiversity. Neurodivergent individuals often face challenges operating in traditional work environments and we are seeing employers being challenged for their failure to provide adaptable workplace practices. There can also be a tension between trying to balance the needs and rights of neurodiverse individuals with those of the rest of the workforce, meaning employers are increasingly looking to try and strike the right balance. 

In Poland, there is still no significant case law regarding neurodiverse workers. However, we anticipate this will change in near future. 

In the UK, under the Equality Act 2010, a disability is defined as a physical or mental impairment that has a substantial and long-term negative effect on a person’s ability to carry out normal, day-to-day activities. This means a person who is neurodivergent may be considered to have a disability (although not in all cases), and this may be without a formal medical diagnosis. In the UK, it is unlawful for employers to subject a disabled employee to less favourable treatment or harassment, or to not make reasonable adjustments. Victimising an employee for complaining about disability discrimination is also unlawful. 

Employment tribunals in the UK focus on the effect of the condition and the link between the condition and the behaviour. For example, a recent case in the UK looked at the dismissal of a dyslexic employee for speaking an offensive racist slur. The tribunal found that this constituted disability discrimination as the individual’s dyslexia impeded his ability to properly express himself. In another case, where a neurodiverse employee tended to raise his voice and be aggressive when stressed, the tribunal found that this behaviour was due to his short temper, not his disability and did not uphold his claims.  

In Poland, there are statutory provisions obliging the employer to make some adjustments to help employees with disabilities. However, this does not apply to all types of disability and there are no specific requirements and/or guidelines on how to support neurodivergent employees (who often do not hold medical documents confirming a disability). There is no doubt that treating employees less favourably than others because they are neurodivergent would be considered unlawful discrimination. However, case law in this area has simply not developed yet in Poland. 

The Polish market is on the way to developing and adopting good practices and solutions, with some organisations already quite advanced. Inspiration can be found in other jurisdictions, especially where market practice is more advanced, and labour tribunals provide employers with specific guidance. 

In the UK, in this ever-evolving landscape, market practice has already developed several ways an employer can: a) support all its employees in the workplace with neuro-inclusivity in mind; and b) mitigate the risks in relation to potential claims. This includes the following: 

• Adjustments: When an employee shares information about a disability, it is generally advisable to find out more and suggest arranging an occupational health appointment. The report that follows an occupational health appointment can direct which adjustments may be helpful and outline what is reasonable in the circumstances.

• Good Communication: Regular, open communication between neurodiverse employees and their managers is key to keeping everything on track. This is especially helpful when workplace adjustments have been made. One way to facilitate communication is to implement an informal buddy system; pairing neurodivergent staff with a coach or mentor may assist in analysing social cues. Manager training is also advisable. 

• Increase internal awareness and training: Ensuring staff understand that not everyone experiences eye contact, speech patterns and body language in the same way is important. Providing training on how neurodiversity can present in the workplace, as well as guidance on inclusive communication styles, will equip co-workers with the knowledge and tools to work well with neurodivergent colleagues. It may also encourage staff to share their neurodivergence and foster open communication about the topic. Senior leadership should lead by example and highlight their commitment to diversity and inclusion. 

• Offering breaks: Consider allowing employees the time and space to take a break when they experience heightened sensory moments. This would ideally involve a designated space such as a private room or wellbeing area.

• Updating the physical workplace: Excessive light, noise and movement can be overstimulating to neurodivergent individuals. It is important to be aware of the brightness and placement of office lighting and choose muted colours for walls and furniture. 

• Working language: It is helpful to use clear and specific language when working in a neurodiverse environment. Whenever possible, managers should provide written instructions in addition to oral instructions, and consider other potentially relevant matters such as providing written agendas for meetings in advance, for individuals that may benefit from this. 

With a rise in diagnoses in places like Poland and the UK, it is now more important than ever that employers have a strong handle on neurodiversity in the workplace. Doing so can carry real benefits, and although there are challenges, failing to accommodate neurodiversity at work carries the real risk of disability discrimination claims being made.   

While the situations in Poland and the UK may be at different stages when it comes to neurodiversity at work, it is important that jurisdictions learn from each other’s experiences. By sharing best practices and insights, employers can better support neurodiverse workers, foster a more inclusive and productive work environment and ultimately benefit from the diverse talents within their workforce.