According to employment experts, tribunals in which employees alleged they were discriminated against for being neurodiverse rose by a third last year.

Research from employment law firm Fox & Partners showed that in 2021 there were 93 tribunals where employees alleged being discriminated against for their neurodiverse condition - up from 70 in 2020. 

Neurodiversity is a term that covers - in addition to ADHD and autism - conditions such as dyslexia and dyspraxia and is thought to affect about one in seven people in the UK.

The number of autism diagnoses increased 787 per cent over the last 20 years, whilst prescriptions for medication to treat ADHD rose by 800 per cent - according to studies by the University of Exeter and the British Pharmacological Society.

The study by Fox & Partners showed a 40 per cent increase in autism; 31 per cent increase in Asperger’s and 14 per cent in dyslexia claims in the last year.

Ivor Adair - Partner at Fox & Partners - said:

“The jump in tribunal claims shows that employers can’t afford to ignore neurodiversity issues. Employees are increasingly willing to disclose they are neurodivergent and aren’t afraid to request reasonable adjustments if their workplace setup places them at a disadvantage, or challenge discriminatory treatment.

Employers would be advised to stop making assumptions, work to identify the talents of neurotypicals and understand how they can give their organisation a competitive edge as part of a diverse team.”

Texthelp - a literacy, accessibility and dyslexia software developer for employees and students with reading and writing difficulties - also conducted research, finding that only 28 per cent of HR professionals felt confident in identifying the different types of neurodivergent conditions, with just 9 per cent describing themselves as not confident at all.

Cathy Donnelly - Chief People Officer at Texthelp - spoke to HR magazine saying:

“Often people don’t feel comfortable admitting to employers that they have a neurodivergent condition. Employers should clearly signal that their organisation welcomes neurodiverse individuals through job descriptions and recruitment materials. If candidates know they are entering a workplace that embraces inclusion they are more likely to feel comfortable to talk about any extra support they may need.”

Of the 291 HR professionals polled, 33 per cent believed they knew what accommodations could be provided for neurodivergent employees.

Methods already instituted by 53 per cent, include giving dyslexic candidates more time for reading and writing tasks in the recruitment stage; 54 per cent have installed specialised software and 55 per cent have provided special keyboards.

Dan Harris - CEO of charity Neurodiversity in Business - stated:

“In some respects, we should view the data presented here as being indicative that businesses are employing more neurodivergent talent and that these employees are increasingly self-disclosing their conditions to employers. The real change will come when employees truly feel that they can bring their authentic selves to work, and businesses in turn realise how best to support them deliver their best possible outcome for their employer."

He added:

"All parties should ensure that they fully understand the nature of the employee’s neurodivergent condition and implement appropriate adjustments to the process to ensure that the employee can fully engage and best represent their position; this really needs an individualised approach given the diversity present across the neurodiversity spectrum.”

In a standard year, there are eight Bank Holidays in England and Wales: New Year’s Day, Good Friday, Easter Monday, Early May Bank Holiday, Spring Bank Holiday, Summer Bank Holiday, Christmas Day and Boxing Day.

However, this year on Friday 3rd June there will be an extra Bank Holiday to mark The Queen’s Platinum Jubilee - and the late May Bank Holiday has been moved from 30th May to 2nd June to make a four day weekend. Many employees will therefore be asking whether they are entitled to this extra days’ holiday.

This will actually depend on the wording of their employment contract, as employees do not have an automatic right to paid time off on a Bank Holiday.

If their employment contract states that the employee's annual holiday entitlement is a certain number of days plus any Bank Holidays, then they will be eligible for the additional day off.

However, if their employment contract states that an employee’s annual holiday entitlement includes eight Bank Holidays – then lists them – or states they are entitled to usual or standard Bank Holidays, the employee will not be eligible for an additional day of leave.

Likewise, if a contract is for a certain number of days leave with no mention of Bank Holidays, then there is no contractual entitlement to paid time off.

Where employees do not have a contractual right to paid time off on the extra Bank Holiday, HR experts believe that employers should consider allowing this day off anyway - or providing time off in lieu - as a gesture of goodwill to enhance employee relations. Nonetheless if the day off is not to be given, then it would be a good idea to forewarn employees as early as possible of this.

The Office for National Statistics has revealed that over half of businesses reported they are unable to meet demand due to worker shortages in 2021. HR teams - already over-stretched - are struggling to source and secure vital skills.

In addition, the latest report from the Association of Professional Staffing Companies has revealed that vacancies for permanent white-collar jobs have risen again by 28 per cent compared with the same time last year, whilst Bullhorn - a global leader in software for the staffing industry - cite an increase of 38 per cent, year-on-year.

The Association of Professional Staffing Companies also reveal an increase in placements, with candidates who accepted new roles increasing by 84 per cent between the beginning of 2021 to the beginning of 2022, with contract placements up by 12 per cent. As the Office for National Statistics found a decline in employment levels, the increase in vacancies will add to the pressure already being felt by HR teams.

In a poll of HR magazine readers by Randstad RiseSmart - a career transitions organisation - 44 per cent of companies said that they were currently outsourcing work to freelancers and contractors rather than permanent hires, to plug the skill gap. To deliver some business functions, 27 per cent stated that they partner with third parties and 26 per cent said they are either automating to reduce the need for hiring new people, or reassigning people from one part of the business to another.

Jill Cotton - careers advice expert at recruitment site Glassdoor - said the findings are reflective of the wider labour market and added:

“Continued low employment rates coupled with record-high job vacancies and increasing numbers of economically inactive people means hiring is hard - and the skills of experienced HR talent are more in demand than ever. As a result, companies are having to get creative.”

Whilst using freelancers was found to be the employers' preferred method, the research showed that 41 per cent of businesses will look to encourage more internal mobility and career pathing within their organisations in the next 12 months.

Simon Lyle - Randstad RiseSmart's UK Managing Director - says that businesses are increasingly finding greater value in training their own employees for roles. 

He stated:

"The investment in reskilling your employees is a better long-term bet. If you’re bringing in a freelancer or contractor for six months, not only is that expensive but when they leave, you lose that value. If you can create those skills amongst your existing workforce, you retain that value for a longer period. That’s what we’re seeing in the market at the moment – companies getting better at moving people internally, upskilling and redeployment.”

Of those polled, 61 per cent said that - compared to last year - their business had increased external hiring and 65 per cent stated that their business would continue to do this in the next 12 months.

As a result of a recent YouGov poll of 2,000 employees and 1,000 senior HR decision makers - when 38 per cent of workers said their workloads were now unmanageable - experts are urging businesses to focus on reducing hiring time.

Over a third of those surveyed reported that their mental health is being adversely affected and 46 per cent of workers want to see additional staff hired to ease the pressure of their workloads. More than three-quarters of workers stated that they had experienced one form of burnout since the beginning of the year and that the recruitment of extra staff would greatly assist them.

However, 22 per cent of people professionals said they had not recruited in the last three months - but 53 per cent of HR professionals polled stated that they could recruit the workers needed within the next three months - leaving 27 per cent saying that skill shortages would be a challenge during that time.

According to the latest Hiring Trends Index reported by Totaljobs, the top two issues facing businesses at present is staff retention at 28 per cent and skills shortages at 27 per cent.  This was followed by labour shortages at 26 per cent, staff absences at 22 per cent and replacing staff following resignations at 22 per cent.

Of HR professionals polled, 25 per cent said the mental wellbeing of their staff was a concern and 23 per cent said that in the next three months they would encourage staff to take time off for their mental wellbeing. In addition, 17 per cent said they were training mental health first aiders and 16 per cent were introducing wellbeing initiatives for the first time.

Jon Wilson - Chief Executive of Totaljobs Group - said:

“It’s clear that the number of open vacancies is starting to be felt by workers – with many feeling the impact of an unmanageable workload. This, combined by the ongoing anxiety and strain caused by the cost-of-living crisis, means that the wellbeing of workers is a priority, and businesses need to do their bit to create an environment where people feel their voices are heard and their mental health cared for. While employers are making good strides in offering wellbeing initiatives, skills shortages mean that many workers will continue to feel the pressure of empty seats in their teams. As a result, employers will be focused on shortening their time to hire, while supporting existing staff who may be taking on higher workloads in the interim.”

Research undertaken by YouGov and Emburse - a management solutions company - has found that 68 per cent of British workers would return to the office full-time if their commuting costs were paid. This compared to 27 per cent of workers who stated that they would not return to office working even if their costs were paid by their company.

The research also found that 59 per cent of office workers would welcome a four-day week - ranking it as the main incentive that would encourage them to return to the office. Following that, 66 per cent of those surveyed listed Wednesday as their most popular day to work from the office - if given the choice - with 12 per cent stating Friday was the least popular day.

Other top incentives that would lure workers back to the office full time are more paid holidays - cited by 51 per cent of workers and paid lunch in the office - wanted by 48 per cent of under 35’s and 17 per cent of over 55’s.

Paid childcare appealed to the 35-44 age group with 34 per cent - significantly more than other age groups - saying this would make them consider returning to the workplace full time. Less than a quarter of 35’s and 8 per cent of 45-54’s specified paid childcare as an incentive.

Steve Herbert - an employee benefits expert - told HR magazine:

“The issue is probably caused by the sheer duration of the UK’s pandemic restrictions. Home working – and its associated savings in commuting costs – has effectively become the norm for many workers. At a time when the cost of living is at a high not seen in decades, it follows that few workers will be keen to engage again with these additional costs - some may in fact not be able to afford to at all."

Kenny Eon - GM and SVP EMEA at Emburse - stated:

“The impacts of COVID and the ‘great resignation’ mean that companies need to be more employee-centric in their approach and humanising the workplace has never been more important. Part of this means ensuring team members get the best possible work environment. Whilst working remotely is certainly convenient for employees, there are clear benefits of having in-person interactions, as well as the cultural importance of bringing teams together. Data clearly shows that they are more productive than audio or video meetings, so there needs to be a balance between convenience and productivity. A relatively small investment from employers could have a significant impact in driving more in-office collaboration.”

To mark the Stress Awareness Month, caba - the charity training and advising the Institute of Chartered Accountants in England and Wales - has highlighted the mental health condition of the UK workforce.

Despite 44 per cent of HR management believing that their staff are coping well mentally, 41 per cent of employees were found to suffer from stress and burnout.

During the pandemic, an 86 per cent increase in mental health support at work - with a 42 per cent increase in employees demanding support - was seen by the HR respondents.

The most usual way that HR improved mental health was found to be by training, as reported by 61 per cent respondents - leaving 38 per cent of staff still suffering with burnout.

It was found that only 15 per cent of their staff always take the practical health advice offered - leaving 34 per cent of HR managers feeling that their efforts to help workers with their mental wellbeing were not valued. Of the employees who did not seek the mental health support being offered, 35 per cent did not think that their symptoms were serious enough and 28 per cent stated that they felt too embarrassed to do so.

Kirsty Lilley - Mental Health Expert at caba - has suggested some powerful ways that organisations can provide an atmosphere that is advantageous to good mental health. 

She cited:

“The quality of a team member’s relationship with their line manager can do a huge amount to mediate their risk of poor mental health. Line managers must feel confident in having open conversations. They need to receive training and be able to ask questions about mental health when discussing normal management and development processes. 

Some of us might fear being stigmatised for seeking help, or having our credibility questioned. What’s required, before people can even accept their own difficulties, is psychological safety. After all, if you aren’t in a safe place, it’s likely you’ll deny what’s going on around you, both to yourself and to others. 

A key part of this process is taking the time to understand why people feel unsafe. It’s easy to feel frustrated when people are reluctant to open-up, but their resistance is understandable. The first step is to understand where the resistance is coming from and put measures in place so that team members feel at ease.” 

The union Unite has revealed that a ballot of members working for the Financial Conduct Authority have overwhelmingly voted to go on strike over proposed changes to pay conditions - witnessing a first for the financial services regulator.

The Financial Conduct Authority members voted 75 per cent in favour of action against the changes - with nearly 90 per cent voting in favour of industrial action short of strike action.

Sharon Graham - Unite General Secretary - said:

“For the first time ever, the employees at the Financial Conduct Authority have voted for industrial action. They have made it very clear that the proposed changes to staff pay and conditions are completely unacceptable. The Financial Conduct Authority management must now address the serious concerns of their employees.”

Unite stated that they have attempted to hold discussions with the Financial Conduct Authority, but this was declined.

Alan Scott - a Unite officer - said:

“The Financial Conduct Authority staff have not taken the decision to vote for industrial action lightly. Unite has made it clear that the pay cuts and unfair appraisals are extremely detrimental to thousands of staff and it is time for the Financial Conduct Authority to rethink these plans.”

A spokesperson from the Financial Conduct Authority stated:

“Our new employment package is highly competitive, providing fair, competitive pay at all levels and rewards strong, consistent performance. Most colleagues are receiving an average 7 per cent increase in base pay this year and over 12 per cent over the next two years - with an additional one-off cash payment of 4 per cent in May. Our lowest paid and strongest performers will receive more. The changes we have made ensure the Financial Conduct Authority’s pay and benefits package remains one of the best - if not the best - of any regulatory or enforcement agency in the UK. While we acknowledge the recent vote, we respect colleagues’ decision and understand the strength of feeling about some of the changes we have made.”

Nikhil Rathi - Chief Executive - said:

“I understand the strength of feeling about some of the changes we are making. We have welcomed the open debate and discussion and - with the Board - considered all the feedback we have received.

We believe we have developed a fair, competitive and sustainable offer that will help us achieve our regulatory objectives, as well as diversity goals, that supports the lowest paid and the strongest performers, with most colleagues receiving a minimum salary increase of over 9 per cent over the next two years and an average of over 12 per cent over that period.”