An estimated 15% of the UK population are neurodivergent, a term now widely recognised for a range of neurological conditions including autism, attention deficit hyper-activity disorder, dyslexia and dyspraxia. Impacts can differ significantly between individuals, but can affect how individuals communicate, process information, or respond to their environment, and certain sensory differences and sensitivities.
In recent years there has been a significant shift in society’s understanding and acceptance of neurodiversity. In parallel, there is an increasing expectation in all aspects of society of equity and inclusion. As a result, hospitality companies are considering neurodiversity in their efforts to be more inclusive, both within workplaces and with customers.
Taking action also makes business sense, with a wealth of evidence demonstrating the correlation between diversity and business performance, together with talent retention and attraction.
In the workplace, an increasing number of employers are making adjustments to their internal processes to ensure that the recruitment and employment experience is fair and non-discriminatory, including to take account of the needs of neurodivergent employees or candidates.
Some employers have gone further and announced campaigns to actively recruit neurodivergent workers, recognising the advantages and individual strengths, talents, and unique perspectives that such workers can bring.
However, despite this shift in mindset and approach, neurodiverse individuals continue to face huge challenges in the workplace. Data suggests that as many as 70% of adults with autism are unemployed and those that are employed are often hired for jobs much lower than their actual skill level.
For neurodivergent consumers, the retail and services experience can also be particularly challenging. Often, retail and hospitality environments rely on multi-sensory design and stimulation to sell – bright lighting, loud music and particular rules and standards to ensure the optimum experience for the majority.
Some companies are starting to recognise and address the barriers that this can create, often through adjustments at particular times of the day or specially-tailored events. For example, autism-friendly screenings in cinemas, quiet times in supermarkets and relaxed performances in theatres.
Although remaining the exception rather than the norm, changes have started to be seen in restaurants and bars too. Efforts have been made in some settings to reduce sensory triggers, such as blocking off the kitchen to avoid strong smells in eating areas, turning down music, adjusting lighting, removing electric hand-driers, and providing audible and visual aids.
Staff training has also had a positive effect, together with changes in the supply chain where venues have sought to drive wider change by sourcing from companies that embrace neurodiversity and inclusion in their own hiring practices.
Aside from societal demand, there is a legal dimension driving the need for change too. Many neurodiverse conditions may amount to a disability under the UK equality legislation, particularly as such conditions can often present alongside mental health conditions such as anxiety and depression.
As society’s acceptance of neurodiversity and expectations of inclusion increase, so do neurodiversity-based discrimination claims. A number of such claims have recently been seen where companies have failed to make suitable adjustments, resulting in significant awards.
Despite some progress in recent years, there is still lots of work to be done in relation to neurodiversity. Supporting and empowering neurodiverse employees, as well as adjusting and broadening recruitment to be more inclusive, can all help to move the dial for positive workplace change. Hospitality businesses can influence that shift for customers too, by making adjustments to foster environments that are more conducive to neurodiversity.
With the societal shift demanding and expecting responsible business practices to include greater diversity and inclusion, the legal risk of inaction, and the proven commercial benefits of embracing diversity, overlooking neurodiversity in people and commercial strategies is simply no longer an option for hospitality businesses.
Wie-men Ho is legal director at law firm Eversheds Sutherland.