In a landscape where an increasing number of parents are balancing work with the unique challenges of raising neurodivergent children, it is essential for employers to understand their responsibilities and how they can offer support. Janne Fitzsimmons, employment and commercial partner at Excello Law, shares valuable insights into what employers can do to assist parents of children with additional needs in her article for People Management, commissioned by Lucy Trevelyan, the commissioning editor for the legal section.
An estimated 15-20% of children and young people in the UK are neurodivergent, encompassing conditions such as ADHD (Attention Deficit Hyperactivity Disorder), ASD (Autism Spectrum Disorder), dyscalculia, dyslexia, and OCD (Obsessive Compulsive Disorder).
As of mid-2021, 75.6% of mothers and 92.1% of fathers in the UK workforce were employed—the highest levels in two decades. With more parents in the workforce and a rise in neurodivergent diagnoses, employers must recognise their legal obligations to carers and explore effective support strategies for parents of neurodivergent children.
Legal Obligations
Employers should be aware of their duties under the Equality Act 2010, which prohibits discrimination based on several ‘protected characteristics,’ including disability. Many neurodivergent conditions meet the legal definition of disability, and government guidance clarifies that disabilities can include developmental conditions such as autism, dyslexia, and dyspraxia.
The Equality Act also protects workers from ‘discrimination by association,’ ensuring that individuals who care for children with neurodivergent conditions classified as disabilities are shielded from direct discrimination, victimization, and harassment due to their caregiving responsibilities. Given the potential for uncapped awards in discrimination claims, it is crucial for businesses to avoid discrimination against parents of neurodivergent children.
Furthermore, the Carer’s Leave Act 2023, effective from April 6, 2024, entitles employees to take time off from their first day of employment to assist a dependent requiring long-term care—a definition that encompasses disabilities under the Equality Act.
Supporting Parents
Recognising the presence of parents and carers of neurodivergent children within your workforce is vital. Supporting these employees in managing their responsibilities can lead to significant benefits for your business, including reduced stress, enhanced mental well-being, improved performance, increased job satisfaction, higher staff morale, lower absenteeism, greater employee retention, and reduced recruitment costs.
Parents and carers of neurodivergent children often face daily challenges that can affect their work commitments. Therefore, fostering an open, inclusive, and supportive workplace culture is essential. Creating an environment where employees feel comfortable discussing their struggles and how these affect their well-being is crucial.
To better support these employees, employers should raise awareness about neurodiversity and the issues faced by carers through open discussions and training initiatives. Additionally, reviewing existing family-friendly policies and guidance can enhance the support framework for employees in these circumstances.
