Best practice for neuroinclusive recruitment processes

With the number of Employment Tribunal cases related to neurodiversity on the increase, the topic of neurodiversity in the workplace is becoming more prominent. This week (17^th to 23^rd March 2025) is Neurodiversity Celebration Week, a worldwide initiative to promote neurodiversity awareness and inclusion by challenging misconceptions and stereotypes. It provides a timely reminder to employers of the importance of recognising, navigating and embracing neurodiversity in the workplace.

Some suggestions have been made that as many as 15-20% of the UK adult population have a condition which makes them “neurodivergent” which is commonly regarded as including conditions such as autism, ADHD, dyslexia and dyspraxia.

As specialist employment lawyers, we are experiencing a marked increase in requests for advice from our employer clients, who are seeking assistance in relation to a large number of matters stemming from a more neurodiverse workforce. This ranges from proactive work such as developing specific neurodiversity policies and implementing training, to recognising what neurodiversity is when considering the Equality Act, to general advice in relation to disciplinary and capability processes involving a neurodiverse employee and the defence of employment tribunal proceedings. With self-diagnoses on the rise and increased pressures on the NHS preventing a medical diagnosis being readily available, challenges exist for employers to properly understand how and when obligations arise.

An understanding of the importance of neuroinclusion in the workplace is vital for employers and should be a point of focus throughout the whole employment cycle, right from the outset of a recruitment process.

1. Job adverts

The job advert and application form can be the first hurdles for neurodivergent candidates – and so the first source of risk for employers. The Neurodiversity Index Report 2025, published by City & Guilds, reports that neurodiverse individuals can experience difficulties in the way that recruitment processes are now routinely carried out. Challenges include the use of online portals, video interviewing and applicant tracking systems. Non-inclusive job adverts and application forms can deter neurodivergent candidates all together, narrowing the employer’s talent pool.

Further, under s20 of the Equality Act 2010, organisations have a legal duty to make reasonable adjustments to remove or reduce any disadvantage faced by a disabled applicant or employee. The duty is engaged where an employer is aware or should reasonably be aware of the individual’s disability.

Recently updated ACAS guidance suggests that neurodivergent conditions ‘will usually’ qualify as a disability under the Equality Act 2010. Bearing in mind that “neurodiversity” is a descriptive label for a variety of health impairments, it is the impairment itself which needs to amount to a disability. A diagnosis is not a requirement under the Act, rather the test is whether the individual has a ‘physical or mental impairment’ which has a ‘substantial and long-term adverse effect’ on their ability to do normal day-to-day activities.

In a recent Employment Appeal Tribunal (EAT) case (AECOM Ltd v Mallon), the EAT held that an employer had failed to provide reasonable adjustments for a job applicant with dyspraxia. The applicant found written communication challenging and felt anxious about completing an online form. He requested instead to make an oral application. The Employer insisted he clarify his difficulties with the online form via email. The EAT held that it had been unreasonable for the employer to expect the applicant to substantiate his concerns further over email. Instead, the employer should have contacted the applicant by phone, as requested.

This case highlights the importance of employers making enquiries into an applicant’s potential disability, and offering alternative methods of application and communication if appropriate

Recent case law has highlighted other steps an employer might take to de-risk and potentially widen and improve the inclusivity of the hiring process including:

• Providing clear, concise and jargon-free job descriptions which focus on the core competencies;
• Avoiding language which may deter neurodivergent candidates – such as “team player”;
• Including a statement within the job advert encouraging disabled candidates to request accommodations to the hiring process; and
• Using simple application forms.

Of course, some of these steps may not be suitable to discount for some workplaces and roles; that must necessarily be acknowledged and considered on a case-by-case basis.

2. Interviews

Traditional interviews may centre around memorisation, unspoken social cues and unexpected questions, which might pose particular challenges for some neurodivergent people.

Employers should carefully consider assessment formats, such as work samples, trial shifts or take-home projects, and provide adequate (often additional) preparation time. Psychometric assessments might require to be used with caution as these tests are designed based on neurotypical brain functions. A lack of thought and care in the design and implementation of a recruitment technique and process could give rise to claims under the Equality Act 2010.

3. Selection Processes

Generally, employers should consider whether it is appropriate to avoid performance metrics based on neurotypical traits, such as good eye contact or positive body language. Personal behaviours common in neurodivergent conditions, such as fidgeting or physical tics, may have a negative impact on decision-making in relation to a neurodivergent candidate. If the performance metric is key to the performance of the role and the type of requirement that cannot be adjusted from a role, then perhaps the performance metric may be justified and maintained, but careful thought must be given to this aspect – as it is most susceptible to scrutiny.

Legal support

This is a complex and easily misunderstood area of law and practice. The typical recruitment approach is no longer suitable for all roles in the workplace and care needs to be taken to planning, identifying and managing the risks, whilst optimising the return, on any recruitment process. We can support your strategy and approach to compliance and success in this area of your workplace strategies.