Problem solving, lateral thinking, code breaking, photographic memory and other cognitive skills are second nature to people labelled ‘neurodiverse’. This ACAS article shows there is a trend and reading between the lines, neurodiverse employees are not properly valued as of 8th November 2024. As a result of the disconnect between neurodiverse people and employers, many cases of disability discrimination are going to tribunal.
Why is it that two of my most contienscous friends, who carry out their work with passion and dilligence, are dismissed for gross misconduct for reasons such as not conforming?
How much lack of knowledge can an employer be allowed about what makes a neurodiverse inclusive workplace? 20% of the population is considered to be neurodiverse, though it could be a much bigger percentage when you consider how diverse people’s cognitive styles must be.
Even if a workforce isn’t 20% neurodiverse, suppliers, customers and job applicants might be. When I applied to the London College of Communication to do a postgraduate in journalism in 1997 I felt the application process was fair and left feeling I would trust the outcome. I was offered a place, which I took, and then an unconditional place to do an MA in broadcast journalism in 2011. I came top in media law.
Current education is measured through the ability to remember verbally and to repeat the information onto an exam paper. This is known as rote learning. The Chinese do not use rote learning in their education system. Therefore, are we putting our workforce and therefore nation at a disadvantage on the world stage?
Deloitte published an article on their research called A Rising Tide Lifts All Boats. Their study showed the increased productivity enjoyed by companies that are able to recruit and employ diverse cognitive styles.
If you consider the diversity in our education then it makes sense that each individual might tackle tasks, job roles and assessments differently with varying degrees of confidence when it is in an area they have previous experience, role models at home, a passion or interest or utilising a skill they already have.
Key skills that people aquire when they have to navigate an education system, which tells you what to think instead of how to think, in their own way include problem solving, asking why and finding the answer for themselves.
When learning a new game, we are not told how to play. We are given rules and everyone can work in their own way within those goal posts. This creates an even playing field where those that learn by finding their own answers will often do well. We might learn by doing and improve quickly or learn by watching others and make a strong start.
On the sports field, it is impossible to prescribe or dictate how to respond to each situation while the ball is in play. Learning a musical instrument also requires practicing physical work with fingers or lips as well as increasing fluidity between notes. Verbal instructions in a classroom would not produce great sports players or musicians.
In fact, there is neurodiversity in how we learn in school or how we satisfy different tasks. The main objective of learning history is not to work out how events were connected but to remember dates and names. According to Oxford Owl, this is what primary school pupils study in geography:
For human and physical geography, your child will be taught to describe and understand key aspects of geography, for example: climate zones, rivers, mountains, volcanoes, earthquakes, the water cycle, types of settlement, economic activity and the distribution of natural resources
What about learning to read an ordinancy survey map? Contour lines? “What is the capital of Peru?” “What is the main export of South Africa?” “What is the longest river in Wales?” None of these teach children the reasoning about the world, which would be needed by a geographer in later life. According to recruitment website Indeed a geographer is responsible for:
studying the characteristics of specific regions or global phenomena to gather information in line with their goals. gathering scientific samples to analyse within a laboratory environment. developing, distributing and interpreting surveys.
The above requires the ability to think for oneself not just remember a name or a number.
Today, apprentices in any line of training from boat building, childcare to plumbing or becoming an electrician requires a certificate in literacy and numeracy. These are called functional skills maths and English. Some experts say ‘learning difficulties’ are actually teaching difficulties.
People being excluded from employment because of unfair discrimination in the recruitment process costs the state £millions if not £billions in financial support and loss of productivity. If employers are not willing to take on cognitively diverse employees to help design more inclusive communication, clearer processes, better signposting and, perhaps as a result, increased accessibility to their products and services, they may be facing a rising tide of costs through tribunals for disability discrimination from customers, applicants and employees.
The appeal process is highly prohibitive because employers can pounce their disciplinary letters on a dismissed employee who has to face sudden financial uncertainty or even jeopardy to respond within 7 days. This is an extra penalty on people who need to gather a picture of what has happened – sometimes suddenly and without warning – and to identify what didn’t work, who are officially and academically allowed extra time to process things in their own way.
If cases are not satisfactorily resolved during the appeal or concillatory stages of the process, more cases will go to court, perhaps be reported in the press, reach public awareness and be better recorded than cases, which are solved internally earlier on. This will in term contribute to the rising tide of cases, which would hopefully influence employers to recognise and harness a more diverse workforce and allow the benefits of productivity to rise every boat.
The process to follow if you are dismissed for ‘gross misconduct’ without the chance to discuss reasonable adjustments in a workplace that isn’t inclusive for congitive diversity:
- Wait for your disciplinary letter with an invitation to appeal
- You have 5 working days or 7 days to write to say why you wish to appeal.
- Research studies, which show why an employer wants to be inclusive
- Contact the confidential hotline at the ECHR and ACAS to discuss your situation
- Focus on a key matter in your disciplinary such as a complaint and create a timeline to show that you acted in good faith and did your best in the circumstances
- Show how your training and managers didn’t cater for your cognitive style, such as providing communications in verbal as well as written form. Signs of discrimination at all levels of a business operation
- The employer is not obligated to respond to your appeal, but they have 28 days to do so.
- In claims for unfair dismissal due to disability discrimination, you have the right to go to tribunal within 3 months of your dismissal.
- Unfair dismissal claims on their own aren’t considered for employees of less than two years.
- If you are a member of a union, that is the first place to seek help.
As businesses tend towards employing people like themselves and discrimination starts before the recruitment process begins, many people from under-represented groups tend to over-compensate, pedal harder, mask any difficulties or lack of confidence and this can lead to stress, exhaustion and burn out.
When employers see the benefits for their customers and suppliers from a more inclusive operation, they will find it easier to be more flexible with their workforce by creating more democratic teams and allow employees at all levels to contribute to how work is carried out.
Sophie Sweatman 