Anchor it in your Equality Act 2010 duty to make reasonable adjustments, then set out in plain English how you handle disclosure, adjustments, recruitment, training and monitoring — co-written with neurodivergent staff. Start by resetting the premise: a neurodiversity policy is not itself a legal requirement. What the law requires is the adjustments. The policy's job is to make that duty happen the same way every time, whoever the manager is.
First: involve neurodivergent staff and name the legal duty
Don't start from a downloaded template. Acas advises involving neurodivergent workers in creating the policy — to suggest what it should cover and to give feedback on the language — because a policy written about people without them tends to gatekeep support behind a diagnosis, which is exactly what the Act does not allow. A worker does not need a diagnosis to be disabled, and you should offer support whether or not one exists.
Ground the policy in two parts of the Equality Act 2010: disability is a physical or mental impairment with a substantial, long-term effect on everyday activities (section 6, with no requirement for a diagnosis), and the duty to make reasonable adjustments (section 20) means changing how you work so a disadvantage is removed, at no cost to the worker. Being neurodivergent will often meet that test, so for many staff the duty already applies.
Second: set out what the policy must cover
Acas is clear that a good policy states your commitment to inclusion, acknowledges your legal responsibilities, and explains the support on offer. Cover, as a minimum:
- Disclosure. Make clear it is voluntary and confidential, that staff can disclose to whomever they choose, and that support does not depend on a diagnosis.
- Reasonable adjustments. How a worker asks for them, how you agree and trial them together, and that the worker is never charged.
- Recruitment. Accessible adverts, the option to share questions in advance, and adjustments at interview.
- Training. What managers learn about neurodiversity and their adjustment duties.
- Monitoring. How you check the policy is working and who is accountable for it.
It can stand alone or sit inside a wider diversity and inclusion policy — either is fine. For the detail behind the duty, see are we legally required to make reasonable adjustments, and on the disclosure point, do we have to keep an employee's neurodivergence confidential.
Then: publish, write plainly, and review
Get senior sign-off so the policy carries weight, and write it in clear language with headings, as Acas recommends, so a tired manager can act on it without a lawyer. Watch the constructive-knowledge trap: the duty can apply where you ought reasonably to have known a worker is disabled, even without a formal disclosure, so a policy that waits for a diagnosis letter leaves you exposed. Set a review date and keep the policy current as your practice and the guidance change.
Where the law comes from
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This page is general information, not clinical or legal advice.