Human Resources - Neurodiversity in the Workplace (L1625)

1. Summary of changes

1.1 This protocol has been updated in November 2022. The following amendments have been made:

• protocol reverted to Kent only protocol
• protocol updated to reflect new Kent dyslexia assessment process

2. What this protocol is about

2.1 The aim of this protocol is to provide information and guidance to help our workforce better understand neurodiversity and how through workplace adjustments and simple steps we can best support individuals and create an inclusive workforce. This protocol is drawn from and guided by the ACAS ‘Neurodiversity at work guidance.

This protocol is not, nor is it intended to be, contractual. Compliance with this protocol and any governing policy is mandatory.

3. Detail the protocol

3.1      Introduction

3.1.1 Neurodiversity refers to the different ways the brain can work and interpret information. It highlights that people naturally think about things differently. We have different interests and motivations and are naturally better at some things and do less well at others.

3.1.2 Most people are neurotypical, meaning that the brain functions and processes information in the way society expects.

3.1.3 However, it is estimated that around one in seven people* (more than 15% of people in the UK) are neurodivergent, meaning that the brain functions, learns and processes information differently. Neurodivergence includes Attention Deficit Disorders, Autism, Dyslexia and Dyspraxia (* source ACAS).

3.1.4 It should be noted, although everyone thinks differently, diagnosis for employees with neurodiverse attributes are often sought due to the disproportionate effect the characteristics have on the individuals lives, it should therefore not be underestimated. 

3.2      Protocol statement

3.2.1 Most forms of neurodivergence are experienced along a 'spectrum'. Each form of neurodivergence (such as, but not limited to, dyslexia and autism) has a range of associated characteristics and these can vary from individual to individual. For example, the effects of dyspraxia on one person can be different to another person who also has dyspraxia. The effects on the individual can also change over time.

3.2.2 Additionally, it is very common that an individual will often have the characteristics of more than one type of neurodivergence and may have other co-existing conditions.

3.2.3 It is therefore important that people are not stereotyped according to the better-known characteristics. For example, not all autistic people will be good at maths.

3.2.4 Despite this, it is still helpful to have an awareness of some of the indicative traits that each type of neurodivergence can have:

3.3      ADHD (Attention Deficit Hyperactivity Disorders)

3.3.1 It is estimated that about 4% of the UK population have ADHD. It affects the person's ability to control attention, impulses and concentration, and can cause inattention, hyperactivity and impulsiveness. Some people have problems with attention but not the hyperactivity or impulsiveness. This is often referred to as ADD (Attention Deficit Disorder).

3.3.2 People with ADHD can often be good at completing urgent, or physically demanding tasks, pushing on through setbacks and showing a passion for their work.

3.4      Autism (which includes Asperger's Syndrome)

3.4.1 It is estimated that about 1-2% of the UK population have autism. It impacts how a person perceives the world and interacts with others, making it difficult for them to pick up social cues and interpret them. Social interactions can be difficult as they can have difficulty 'reading' other people and expressing their own emotions. They can find change difficult and uncomfortable.

3.4.2 People on the autistic spectrum are often very thorough in their work, punctual and rule observant. Many autistic people develop special interests and can hold high levels of expertise in their given topic.

3.4.3 If an individual suspects that they may have autism they can undertake a screening assessment to see if there are any indicators of autism.

3.5      Dyslexia

3.5.1. Dyslexia is a learning difficulty which primarily affects reading and writing skills. However, it does not only affect these skills. Dyslexia is about information processing. Dyslexic people may have difficulty processing and remembering information they see and hear, which can affect learning and the acquisition of literacy skills. Dyslexia can also impact on other areas such as organisational skills.

3.5.2. It is important to remember that there are positives to thinking differently. Many dyslexic people show strengths in areas such as reasoning and in visual and creative fields.

3.5.3. There is a misconception that dyslexia just effect the ability to read and write. If this were true, it would be much easier to identify. In fact, dyslexia can have an effect on areas such as coordination, organisation, and memory.

3.5.4. Each person with dyslexia will experience the condition in a way that is unique to them and as such, each will have their own set of abilities and difficulties.

3.5.5. However, if you know what to look for, there common signs that can help you to identify whether the difficulties being experienced could be indicative of dyslexia and would suggest that further investigation could be beneficial.

3.5.6. It's estimated up to one in every ten people in the UK has some degree of dyslexia.

3.6 Referrals

3.6.1. Referrals to the Dyslexia Assessor Group (herein, subsequently known as the DAG) are to be made by the officer or staff member themselves on a referral form. Referral forms are available via the dyslexia intranet site.

3.6.2. Referral forms should be sent to KPC Admin where they will be reviewed and allocated to a suitably qualified assessor. The referral will be logged onto the dyslexia referral spreadsheet for auditing purposes.

3.6.3. While the below process is ongoing, if the officer or staff member is currently on an action plan, development plan or otherwise engaged on a poor performance procedure, consideration must be given to either suspending, or extending that process until the dyslexia assessment has been completed.

3.6.4. The qualified assessor allocated to the client must contact the individual and meet with them within four weeks of allocation.

3.7 Screening

3.7.1 If no screening has previously taken place, then a quickscan screening assessment should take place on being booked. 

3.7.2. If the client has a relatively recent, reliable, diagnosis for dyslexia, this should be reviewed by a qualified workplace needs assessor, and if accepted, the assessor should progress to stage 3.

3.7.3. If the result of the quickscan screening process is showing no indicators of dyslexia, then the officer/staff member should be made aware of this, be given a copy of the report and the assessor should go through the report results with the client. If necessary, the individual should then be signposted to other departments that may be able to assist and offer support.

3.7.4. If the result of the quickscan screening assessment is that there is an indicators of dyslexia, then the result must be recorded on the client’s referral form and arrangements must be made for a workplace assessment meeting to establish if any reasonable adjustments are required. The individual’s report is also to be gone through with the workplace needs assessor. The individual must contact Access to Work to arrange an assessment within the workplace.

3.7.5. If the quickscan result identifies that the client has ‘borderline’ indications of dyslexia, then the client should be treated as if the result was a positive indication of dyslexia and an assessment meeting date set. The individual must contact Access to Work to arrange an assessment within the workplace.

3.7.6. If the assessor believes that the quickscan result is inaccurate, the case is complex by way of various overlapping specific learning difficulties or the individual is under some form an action plan, development plan or otherwise engaged on a poor performance procedure then they must be referred for a quickscreen diagnostic assessment. The quickscreen assessment must be completed within eight weeks of the initial referral. While quickscreen is being arranged the individual must contact Access to Work to arrange an assessment within the workplace.

3.7.7. The quickscreen diagnostic screening assessment can take up to three hours to complete and can be stressful for the client. Consideration should be given in relation to whether the individual is fit to return to work or needs to rest for the remainder of the day.

3.7.8. If the quickscreen diagnostic screening result is negative for dyslexia then the officer should be made aware of this, be given a copy of the report which the assessor should explain to the client. If necessary, the client should then be signposted to other departments or support networks that may be able to assist.

3.7.9. If the quickscreen diagnostic screening result is positive, or borderline, for dyslexia, then the results of the test should be given to the client and the assessor must explain those results in a one-to-one meeting. At the end of that meeting, or immediately following that meeting, a workplace assessment must be undertaken by that, or another, qualified assessor.

3.7.10. The results of the quickscreen diagnostic screening assessment must be recorded on the client’s referral form and a copy placed on the individual’s personal DAG file.

3.8 Workplace assessment

3.8.1. The workplace assessment should take place within six weeks of the original referral.

3.8.2. The assessor must be a qualified workplace needs assessor (Level 4 OCN Credit4learning).

3.8.3. The assessor must complete the ‘workplace assessment form’ and it is to attach to the client’s PDR file by the officer/police staff employee (PSE) themselves, so that supervisors have access if agreed and support can be offered and the PDA responsible can add a signpost to the policy file. If the officer/PSE is not a probationer/student, there will be no policy file and they again, can add to their PDR.

3.9 Officer and/or supervisor discussion

3.9.1.   Within eight weeks of the original referral the assessor must have a discussion, either in person or via the telephone with the client and, if permission is given, with their supervisor. The assessor should offer the supervisor any guidance and advice they require, especially in relation to 4.3 to 4.6 below.

3.9.2. The benefits of the supervisor being aware of the clients’ issues/concerns should be explained to client and this should be encouraged.

3.9.3. The supervisor must liaise with the relevant departments in respect of any reasonable adjustments that are required, ensuring they are ordered and received by the individual:

If a laptop is required along with noise cancelling headset, then PSE57937 Michael Schnura is to be emailed with the following information:

• force number, rank/grade and full name of the individual concerned
• their role and location
• force number, rank/grade, and full name of the individual’s manager
• how was the request identified?
• brief details of the request (that is laptop/headphone, plus any other recommendations)

3.9.4. If assistive technology training is required for the client, then please email PC11857 Schyberg for this to be arranged. 

3.9.5. For visual stress filters then speak to the workplace assessor allocated to the client.

3.9.6. For any other adjustments the supervisor for the client is to manage these with the client.                                   

3.9.7. The supervisor should also explain the benefits of the client having a ‘wellbeing passport’.

3.9.8. The supervisor is responsible for the ongoing monitoring of any reasonable adjustments that have been implemented, regularly during one-to-one meetings and at least once per year, as part of the clients PDR finalisation.

3.9.9. The supervisor is responsible for ensuring that the individual’s performance and wellbeing have improved since the introduction of any reasonable adjustments. If there is no improvement noted, then the supervisor must refer to the originating assessor for review. Under these circumstances the quickscreen diagnostic tool must be utilised if not already undertaken by the individual.

3.10. Educational psychologist reports

3.10.1. Educational psychologist reports are the only way to medically diagnose dyslexia within the workplace. This level of assessment will only be undertaken in the following circumstances:

3.10.2. The individual is under poor performance processes or Regulation 13 processes which could result in dismissal, and they have already been assessed via quickscan which has shown a likelihood of dyslexia.

3.10.3. The individual has been assessed as likelihood of dyslexia via quickscan/quickscreen and there has been no improvement in their performance since the introduction of reasonable adjustments.

3.10.4. The individual has been assessed as likelihood of dyslexia via quickscan/quickscreen and the assessor believes it to be a complex case.

3.10.5. The individual has tested with no likelihood of dyslexia via quickscan/quickscreen, and the assessor believes this to be a false negative screening.

3.10.6. The referral for a full educational psychologist report will be conducted by the line manager.

3.10.7. The report will be funded via health services and on completion it will be owned by the organisation. This report can be released to the College of Policing for the purposes of allowing reasonable adjustments in any timed assessment processes. The report will not be shared elsewhere without the express written permission of the individual.

3.11    Dyspraxia (also known as Developmental Coordination Disorder)

3.11.1 It is estimated that up to 5% of the UK population have dyspraxia. It relates to issues with physical co-ordination, and for most, organisation of thought. People with dyspraxia may appear clumsy or have speech impediments and might have difficulties with tasks requiring sequencing, structure, organisation and timekeeping.

3.11.2 People with dyspraxia often have good literacy skills and can be very good at creative, holistic, and strategic thinking.

3.12 The force recognises that there are other forms of neurodivergence which include dyscalculia, dysgraphia, and tourettes syndrome. Like other forms of neurodivergence, these bring strengths as well as challenges.

3.13 Neurodivergence is fairly common, so most workplaces are already neurodiverse. Yet, there is still a lack of understanding around most forms of neurodivergence, and misperceptions persist. It therefore makes sense for organisations to take steps that make their neurodivergent staff feel valued, part of the team and supported to contribute fully towards achieving the goals of the organisation.

3.14 Creating a more inclusive workplace can:

• highlight the employer's commitment to diversity and inclusion
• reduce the stigma around neurodivergence
• make staff feel safe and empowered to disclose a neurodivergence
• make it more likely that neurodivergent staff will be treated fairly by their managers and colleagues
• open the organisation up to a pool of talent that may otherwise have been overlooked
• help retain skilled staff and reduce recruitment costs

3.15 Everyone is different. While creating a workplace that supports neurodiversity is particularly important for neurodivergent employees, the actions and strategies put in place can benefit all staff and help an employer get the best out of their whole workforce.

3.16 Being neurodivergent may amount to a disability under the Equality Act 2010. This means the organisation has a legal obligation to provide reasonable adjustments in the workplace and the individual's role that will remove or minimise any disadvantage to them.

3.17 Having a workplace that is set up to proactively think about what can be done to support the needs of each employee can make it much easier to identify and implement adjustments for neurodivergent staff.

3.18 Under the Equality Act 2010 “a person is disabled if they have 'a physical or mental impairment' which has 'a substantial and long-term adverse effect' on their 'ability to carry out normal day-to-day activities”. A diagnosis will be able to guide the member of staff and their manager to what reasonable adjustments will be beneficial to the individual. In the interest of the staff member reasonable adjustments should be made prior to a diagnosis in consultation with the staff member concerned to meet their needs. 

3.19 While some time and resource are needed to identify ways to minimise any potential difficulties, there are clear benefits and competitive advantages to having employees who think differently. Positive attributes commonly associated with neurodivergent employees include:

• creativity and innovation
• lateral thinking
• strategic analysis
• bringing a 'different perspective'
• development of highly specialised skills
• consistency in tasks once mastered

3.20 Around 15% of the UK population is estimated to be neurodivergent. Supporting neurodiversity within the workplace can make it easier to identify and provide the support that a neurodivergent person needs.

3.21 The health and well-being of staff should be important to employers.  Healthy and motivated employees are more likely to perform well, have good attendance levels and be engaged in their work. Many issues are caused by not understanding neurodivergence or how the working environment can affect neurodivergent employees. Making the workplace more accommodating and supportive can reduce much of the stress they often experience and contribute to better mental health.

3.22 Everyone is unique and so changing the workplace to better meet different needs and preferences can improve the health and well-being of all staff.

3.23 It is important that as a force we make staff feel safe to disclose and seek support. Many performance issues are caused by neurodivergent employees not feeling safe to disclose their diagnosis, trying to hide it and not asking for the adjustments or support they need. If staff know that the organisation is dedicated to supporting neurodiversity, then they are more likely to disclose their neurodivergence at an early stage. If an employer can make staff feel more able to disclose, it makes it easier for them to:

• treat each employee fairly
• identify and implement appropriate workplace adjustments
• tailor management and training support to better meet the needs of the employee
• help staff flourish and fulfill their career aspirations
• spot issues early and resolve them before they become serious

3.23.1 It can be difficult for neurodivergent staff to tell their manager about it.  Even if an organisation does claim to support neurodiversity, it may still take some time before they feel confident enough to disclose it and not worry about being treated differently or unfairly.

3.24 When a manager becomes aware that a team member is neurodivergent, they may be unsure about what to do and how best to support them. For all involved the diversity and inclusion academy, health services, Superintendents Association, Police Federation, Unison and the disability support groups ‘Enable’ (Kent) and ‘Disability Network’ (Essex) are available to provide help and guidance. 

3.25 Managers should focus on identifying all available options to provide their team member with the support and guidance they need to perform at their best and ensure they are treated fairly if any issues arise. 

3.26 Neurodivergent employees should feel supported and valued by Kent and Essex Police. Knowing what their rights and responsibilities are in the workplace can help to ensure that they are treated fairly by Kent and Essex Police.

3.27    Other useful links

• British Dyslexia Association: bdadyslexia.org.uk
• British Dyslexics: dyslexia.uk.com
• Being Dyslexic: beingdyslexic.co.uk
• Access to Work: Get help at work if you’re disabled or have a health condition (Access to Work): Apply - GOV.UK
• This list is not exhaustive and will be added to (extranet page to be created for further links)

4. Equality Impact Assessment (EIA)

4.1 This protocol has been assessed with regard to its relevance to equality. As a result of this assessment the protocol has been graded as having a medium potential impact.

4.2 See the attached equality impact assessment.

5. Risk assessment

5.1 This protocol has been assessed as medium risk. 

5.2 Officers and members of police staff engaged within the process must remain aware that they must follow the protocol correctly otherwise the risk to the organisation of a possible employment tribunal could be raised. A failure to fully adopt the principles set out in this protocol could have a detrimental effect upon the individual and the reputation of the organisation.

6. Consultation

The following have been consulted during the formulation of this document:

6.1      Essex consultation list as below

• Unison
• Police Federation
• Essex Diversity and Inclusion Manager
• Diversity and Inclusion Co-ordinator
• Health and Safety
• Strategic Change Team
• PSD
• Risk
• Policy
• Superintendents Association
• Strategic Force Crime and Incident Registrar
• Information Management
• DPO
• Information Management
• HR
• Support Networks/Diversity Groups
  • Catholic Police Guild
  • Christian Police Association
  • Disability Network
  • Minority and Ethnic Support Association (MESA)
  • LGBT Network
  • Women’s Leadership & Development Forum

6.2      Kent Police consultation list:

• HR
• Legal
• Unison
• Federation
• Superintendents Association
• Finance
• Estates
• IT
• Information Security
• Data Protection
• Health and Safety

7. Monitoring and review

7.1 The monitoring of this HR protocol will be by the diversity academy.

7.2 The protocol will be reviewed every two years.

8. Governing force policy

Related force policies or related procedures (Essex) / linked standard operating procedures (Kent)

8.1 This HR protocol supports the overarching HR policy L1.

8.2      Data security

8.2.1 Essex Police and Kent Police have measures in place to protect the security of your data in accordance with our Information Management policy.

8.3.1 Essex Police and Kent Police will hold data in accordance with our Records Review, Retention and Disposal policy.

8.3.2 We will only hold data for as long as necessary for the purposes for which we collected.