Neurodiversity Celebration Week: Creating an Accessible Recruitment and Selection Process 

Now that we’re coming to the end of Neurodiversity Celebration Week, it provides a timely reminder for employers to review their recruitment practices in light of their legal obligations to make them an accessible and inclusive process for neurodiverse applicants.  

Creating a neuroinclusive workplace should be a focus for all employers throughout the employment cycle. This starts with your recruitment processes. With the number of Employment Tribunal cases related to neurodiversity on the increase, ensuring your recruitment practices are inclusive is essential to reduce your risk of claims from disgruntled candidates or would be candidates. In this article, we consider what best practice looks like and how to translate this into your recruitment processes. 

Legal Framework  

The Equality Act 2010 provides protection against discrimination for individuals with disabilities. Although neurodiverse individuals may not regard themselves as having a disability, they can still fall within the scope of the Act.  

An employer’s obligation under the Act extends to the way employers treat job applicants during the recruitment process. Discrimination of neurodivergent job applicants during the recruitment process tends to manifest itself in two forms: 

• Direct discrimination: directly treating a job applicant less favourably because of their neurodivergence.  

• Failure to make reasonable adjustments: treating all job applicants the same but failing to make reasonable adjustments for a neurodivergent individual, therefore putting them at an unfair disadvantage.  

When will the employer be liable?  

In most instances, it will be the second type of discrimination where employers fall foul. Failing to remove barriers in the recruitment process that may put a neurodivergent applicant at a substantial disadvantage because of their disability, is a common type of discrimination and an employer could be held liable.  

A useful case to illustrate the point occurred when NHS England rejected an autistic applicant’s request, among others, to see interview questions in advance and avoid open-ended questions. The applicant struggled with communication and his application was rejected on the basis his interview answers “were not strong/in depth enough”.  

After a lengthy legal battle, no doubt costing NHS England substantial sums of money, they eventually made an out of court settlement to the applicant of £20,000 for their discriminatory refusal to make any reasonable adjustments. 

This case highlights one of many simple adjustments that can (and often should) be made for neurodivergent job applicants.   

How to make the recruitment process more inclusive 

1. The job advert: Make it clear in your job advert that you are flexible to cater to neurodiverse talents. It not only encourages applicants to disclose any reasonable adjustments that they may require but also gives a positive impression about you as an employer from the get-go, demonstrating that you understand your obligations to make reasonable adjustments for candidates, and positively encourage applicants to put their best foot forward in interview. 
2. The interview / selection process: Provide clear instructions about what the interview or selection process will entail. This allows neurodiverse applicants to understand what, if any, reasonable adjustments they may need to request allowing candidates the best chance of succeeding at this stage. Offering a video interview, providing questions in advance or allowing extra time are all ways adjustments that could be made. Be open to being flexible. 
3. Hiring manager training: It is important the hiring manager or any persons involved in the recruitment process understand common traits or characteristics of neurodiversity. This will help them respond to reasonable adjustment requests, including any made on the day, and adapt the recruitment process appropriately where necessary.  

Conclusion 

As an employer, making your recruitment processes more inclusive for neurodivergent employees can have many benefits: it widens the pool of candidates and helps applicants showcase their potential.  

Neuroinclusive recruitment processes are also to be encouraged as a defensive mechanism to time-consuming and potentially costly claims. It is vitally important that all employers regularly review recruitment practices to ensure compliance with the law.  

At Torque Law, we are experienced in helping employers navigate sensitive and complex areas of employment law. If you would like assistance or support in implementing a neurodiversity policy, reviewing recruitment policies or any other workplace training please do not hesitate to contact us on 01904 437680.