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HR & EMPLOYMENT LAW Jackie Le Poidevin, Editor-in-Chief, HR Adviser |
Discover the New Acas Guidance on Neurodiversity
Acas has recently published new online advice on neurodiversity after surveying line managers about the barriers to making reasonable adjustments for neurodivergent team members. The biggest reported barrier was employees not disclosing that they needed an adjustment (cited by 72% of managers), followed by lack of organisational knowledge about neurodiversity (45%) and managers feeling uncomfortable discussing the issue with team member (39%). Here, we look at how Acas recommends you overcome these three problems.
Issue 1. Failure to Disclose the Need for Adjustments
Neurodivergent conditions – including ADHD, autism, dyslexia and dyspraxia – often meet the definition of disabilities in the Equality Act 2010, though it depends how serious they are.
However, the individual may not view themselves as disabled or they may mask their condition to fit in better at work. Masking could make them feel exhausted and unable to be themselves, which could lead to mental health problems and sickness absence.
To give employees the confidence to disclose that they’re neurodivergent, Acas suggests you might:
- Run awareness days and campaigns – perhaps to coincide with National Inclusion Week or Neurodiversity Celebration Week. You may have neurodivergent employees who are happy to write a blog or speak about the workplace challenges they’ve faced and how they’ve overcome them.
- Remind line managers to have regular one-to-one meetings where team members can discuss any support they need.
- Publicise what support you offer, like any wellbeing services or named contacts. You could include this information in your diversity and inclusion policy and induction materials.
- Make clear employees don’t need a diagnosis (which can take years) to get support.
- Encourage senior employees to act as role models.
- Set up a staff neurodiversity network.
Issue 2. Lack of Organisational Knowledge
To improve awareness of neurodivergence, Acas recommends you include it in your equality and inclusion training. Its guidance has links to charities who have published information about different conditions.
Issue 3. Managers’ Reluctance to have the Conversation
If a team member is struggling at work and you suspect they’re neurodivergent, you may be worried about how to open up a conversation with them in case you say the wrong thing. Acas recommends that you:
- Don’t confront them directly with what you suspect but do say what you’ve noticed about their performance or conduct.
- Keep the conversation positive by offering support and modifications.
- Make clear you’ll keep your discussion confidential unless they agree otherwise.
- Use sensitive language – generally, you should avoid terms like ‘suffering from’ or ‘symptoms’, which can suggest the person is ill. However, you should take your cue from the individual – either ask them what terms they prefer or match the language they use. For example, some employees might say, ‘I’m dyslexic’, while others might prefer, ‘I have dyslexia’.
Find Out What Adjustments Might be Reasonable
Supporting a neurodivergent employee can avoid performance problems. Also, if you do need to dismiss for incapability or misconduct, you must first do all you reasonably can to remove barriers to them doing their job or they could claim disability discrimination. These are some possible reasonable adjustments highlighted by Acas:
- Poor concentration: give the employee a quiet space to work or noise-cancelling headphones, or offer regular breaks.
- Written communication problems: talk through written information, break written instructions down into clear steps, use different coloured backgrounds on documents and signs or give the employee extra time to read information. You could also offer a screen reader or speech-to-text programme.
- Poor organisation and time management: hold regular catch-ups to check work is on track, give extra reminders, break work up into smaller tasks and give extra time to plan work. You could also provide a planner that visually highlights things like deadlines and appointments.
- Sensory overload: modify your dress code or uniform to allow softer materials or calmer colours, use computer screen filters to reduce brightness or give early warning of work changes. Again, a quiet space or headphones may be helpful.
Adjustments that suit one person may not help someone else with the same condition, so listen to the employee’s own suggestions.
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HEALTH & SAFETY Emma Lampka, Editorial Board Member, Health & Safety Adviser and Risk Assessment & Compliance |
Avoid Fines with Correct RIDDOR Injury Reporting
Failing to report workplace injuries correctly can lead to legal trouble, as Bespoke Stone Ltd discovered after being fined £6,600 for breaching health and safety law. Two workers were injured due to improperly secured stone slabs and the company also failed to meet its RIDDOR reporting requirements. Understanding and following correct reporting procedures can help businesses avoid fines and improve workplace safety. This article clarifies when you need to report accidents under RIDDOR.
The Case
Two workers were lifting a stone slab onto a saw bed when three of the slabs fell onto them. One person sustained multiple fractures, soft tissue damage and required a number of operations. The other worker sustained bruising and required time off work.
The Health and Safety Executive (HSE) found that the handling and storage of the slabs were not secured and although they provided a restraining system, this was inadequate to fit around the larger stone slabs.
The HSE also found the company had not accurately reported the injuries of one employee and the time taken off work by the other worker, under the Reporting of Injuries, Diseases and Dangerous Occurrences regulations 2013 (RIDDOR).
Bespoke Stone Ltd, Ipswich, were fined £6,600 and ordered to pay £4,875 in costs for breaching the Health and Safety at Work Act 1974.
3 Instances where You Must Report Accidents Under RIDDOR
Accurate reporting under RIDDOR is vital to prevent prosecution. You must report an incident as follows:
- The Accident is Work-related and Results in a Reportable Injury
A reportable injury can include some of the examples below and where 7 or more consecutive days have been taken off work:
- Fatality (which has occurred within 365 days of the accident).
- Fractures (except fingers and toes).
- Amputations.
- Any injuries likely to cause permanent blinding or reduction of sight.
- Crush injuries to the head or torso.
- Serious burns that cover more than 10% of the body.
An accident on work premises does not always mean that it is work related – the work activity must have caused the accident.
The HSE state that ‘An accident is work related if any of the following played a role:
- How the work was carried out, including how the work was organised, supervised or performed by an employer or any of their employees, or by a self-employed person.
- Any machinery, plant, substances or equipment used in connection with the workplace or work processes carried out there.
- The condition of the workplace where the accident happened, including:
- The state of the structure or fabric of a building or outside area forming part of the workplace.
- The state and design of floors, paving, stairs, lighting, etc.’
- Report the Accident in a Timely Manner
For reportable injuries, the accident should be reported immediately, by the quickest means possible.
And where someone takes more than 7 consecutive days off from doing their normal duties, this should be reported within 15 days of the accident.
- Report Accidents to Non-employees
You should report any accidents that occur to people who are not your employees if they involve your work activities, result in an injury or the person is taken to hospital from the scene of the accident for treatment. Treatment is described as having a dressing applied, stitches, a plaster cast or where surgery is required. People taken to hospital as a precautionary measure do not need to be reported.
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PAYROLL Sarah Bradford, Editor-in-Chief, Pay & Benefits Adviser |
Get Ready for the New Rules on Statutory Neonatal Leave and Pay
From 6 April, employers will need to deal with statutory neonatal pay and leave. The measures are designed to support parents of babies who have to go into neonatal care within 28 days of their birth. However, the pay and leave is only available where the baby was born on or after 6 April 2025.
Neonatal Care Leave
Neonatal care leave is a Day 1 right available where the following conditions are met.
- The recipient is an employee.
- The baby receiving the neonatal care was born on or after 6 April 2025.
- At the time of the baby’s birth, the employee was a parent of the baby or an intended parent in relation to surrogacy, a partner of the baby’s mother or had or expected to have responsibility for raising the child.
- The baby is admitted into neonatal care within 28 days of his or her birth and must remain in neonatal care for a continuous period of at least 7 days, running from the day following that on which the baby first receives neonatal care.
Similar conditions apply where the baby is adopted.
Neonatal care leave must be taken to care for the baby.
The amount of neonatal care leave that can be taken depends on the amount of time for which the baby needs neonatal care. Parents can take 1 week’s neonatal care leave for each week that the baby receives uninterrupted neonatal care, starting from the day after the care begins, up to a maximum of 12 weeks. The leave must be taken within 68 weeks of the baby’s birth (or placement date where the baby is adopted).
The leave is classed as Tier 1 leave if it is taken while the baby is receiving the care. Tier 1 leave must be taken in 1-week blocks.
Leave taken after the baby has received the neonatal care is known as Tier 2 leave and must be taken in a continuous block. Employees must give notice before the start of the week that they wish to take as leave for Tier 1 leave. For Tier 2 leave, the employee must give 15 days’ notice if they wish to take 1 week of leave and 28 days’ notice if they wish to take more than 1 week’s leave.
Defining Neonatal Care
Neonatal care includes medical care in a hospital, medical care received elsewhere following the baby’s discharge from hospital which is provided under the direction of a consultant (including ongoing monitoring and visits to the child by healthcare professionals) and palliative or end of life care.
Neonatal Pay
While neonatal care leave is a Day 1 right, an employee is only entitled to receive statutory neonatal pay if they have worked for the employer for at least 26 weeks and have average weekly earnings during the qualifying period which are at least equal to the lower earnings limit for Class 1 National Insurance purposes. This is £123 per week for 2024/25 and £125 per week for 2025/26.
Statutory neonatal pay is paid at the standard amount applying to other statutory payments, which for 2025/26 is £187.18 per week.