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Malton 01653 692247
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Autism and Employment

06 April 2023 Written by Ware & Kay Solicitors Category: Employment advice

Whilst Autism and more generally, ASD (Autism Spectrum Disorder) are widely recognised as developmental disabilities, this does not mean that they are widely accepted or understood by U.K. employers.

In order to fully accept those on the Autism Spectrum, it is crucial that people begin to educate themselves (and others) on the disability wholly. A key starting point is understanding that every person on the spectrum is unique and therefore has their own individual needs. Despite those with ASD experiencing many similar traits, each person will be affected by their disability differently. There is no ‘one adjustment helps all’ approach that can be taken by employers who are looking to create a better environment for their ASD employees.

In a recent case of mine, the employer argued that they had provided reasonable adjustments for their autistic employee. However, what was implemented in practice was impractical and ineffective given that the employee was not consulted on what an impactful and specific adjustment would look like for them. In this case, the employee’s working hours were significantly reduced to lighten their workload, but this adjustment was made to suit the needs of the employer, not the employee. What the employee actually needed was consistency in their routine and regular well-being check ins to assess stress levels.

Unfortunately it is common for those on Autistic Spectrum to have difficulties with employment. In fact, the Office for National Statistics reported in 2021 that only a mere 22% of adults with ASD are in any kind of employment at all.  Of course, whilst some autistic people are unable to work, there are likely many with ASD that find it difficult to find a suitable role for them given that society is often very catered around neurotypical people and their way of working. There are also many harmful stereotypes floating around social media which create further unhelpful stigma.

In conclusion, autism looks different for everyone, and therefore challenges in employment need to be considered under a wider and case by case approach. Here are some take away points for employers:

  • Never assume how someone’s disability affects them. Keep an open mind and have a discussion with them as to how you can best support them.
  • Do not rely on stereotypical references you may have seen about the depiction of autism.
  • Where possible, arrange regular meetings to check in on your employee’s wellbeing.
  • Educate yourself! As an employer it is your duty to look after your employees’ wellbeing and avoid serious legal consequences.
  • The definition of autism is ever-changing the more it is understood. Make reasonable efforts to keep up to date with legislative and social changes to best support your employees.

How we can help

For further information, please contact our Employment team on York 01904 716000, Wetherby 01937 583210 or Malton 01653 692247 or email kalpesh.nakeshree@warekay.co.uk.

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