About this event
A focused, interactive event considering the relationship between neurodiversity and conduct, capability, disability, and recent case law.
Neurodiversity
- An overview of the most common conditions, autism, ADHD, dyslexia and dyspraxia.
- Difference between diagnosis and self-diagnosis.
- A brief appraisal of initiatives designed to support neurodiversity in the workplace.
- Awareness, opportunities, recruitment, support, adaptations.
Neurodiversity and discrimination
- Discrimination – direct and indirect. Sections 13 and 15 of the Employment Rights Act 2010.
- Disability – the legal definition. Section 6 ERA 2010, neurodiversity will not always be a disability, but is likely.
- The effect of the condition, rather than diagnosis.
- What are the risks – “invisible” disability, employer knowledge when dealing with performance and misconduct.
Case law
Increase in claims referring to autism, ADHD etc.
- Sherbourne v N Power Ltd ET1811601/2018 indirect disability discrimination and failure to make reasonable adjustments.
- Morgan v Buckinghamshire County Council (EAT, 2022) – harassment.
- McQueen v General Optical Council (EAT, 2023) – victimisation.
- Borg-Neal v Lloyds Banking Group (ET, 2023) - AECOM v Mallon (EAT, 2023) – failure to make reasonable adjustments.
- Godfrey v Natwest Market Plc [2024] EAT 81 – consideration of constructive knowledge.
- Compare with JC v Gordonstoun Schools Ltd [2016] CSIH 32, Ct Sess (Inner House) (an education discrimination case) – ADHD did not impact on social skills.
- Neurodiversity throughout the employment lifecycle
- A final note on appropriate adjustments at Employment Tribunal hearings.
Speakers bios:
Jackie Turner – Jackie is a Partner in the Knights employment team, and has extensive experience in providing commercial, straightforward advice to clients on a wide range of both contentious and non-contentious issues.
Shona Morton is a Partner in the Knights employment team, Shona advises on all aspects of employment law with specialisms in the financial and further education sectors.
Francesca Lilley supports clients with practical and strategic advice on a wide range of employment issues, from complex disciplinaries to reorganisations.
Please note:
1. Reminder emails will be sent to you the day before, with a further reminder on the morning of the event.
2. Photography and video production may take place at the event, and these images may be used in the CIPD newsletters.
3. By attending the event, you are giving your consent for your image to be used on any CIPD promotional materials.
4. Please cancel your ticket so someone else can take your place if your plans change and you can no longer make it – there is usually a waitlist for our events.
5. This event may include an external speaker who has prepared their own presentation. Any views or opinions expressed by the speaker are their own and do not reflect those of the CIPD.
6. Please note that refunds for CIPD Non-Member tickets will only be available until 7 days prior to the event, any cancelled tickets after this will not receive a refund.
7. If you require any reasonable adjustments to enhance your experience, please get in contact with us by responding to this email and we will do our best to accommodate.
