All minds matter: neurodiversity in the workplace
While diversity is a term that is now widely known and discussed, neurodiversity—literally, diversity of thought—is less so.
Under the umbrella of neurodiversity are conditions such as autism, dyslexia, dyscalculia (a maths learning disability), dyspraxia (a disorder that affects movement and coordination), and attention deficit hyperactivity disorder (ADHD).
While organisations such as IP Inclusive and Neurodiversity in Law are raising awareness and providing support to IP professionals affected by neurodiversity, there is some way to go.
Neurodiversity is characterised by having different thought patterns than those deemed ‘neurotypical’. But because this difference in the processing of information manifests itself in varying behaviours, neurodivergent people are often misunderstood since the condition is largely invisible to others.
Even neurodivergent people themselves may not be aware of their condition, and are often diagnosed late in life, if ever.
Late diagnoses
Like many neurodivergent people, Rebecca Campbell, associate and chartered trademark attorney at Mewburn Ellis, was diagnosed later in life.
“When I entered the workplace, I wouldn’t have considered myself disabled, and I wasn’t aware of many colleagues who did,” she says.
It wasn’t until the COVID-19 pandemic that she was diagnosed with ADHD.
“If I hadn’t had that time alone, I probably wouldn’t have even noticed I had it,” she says.
Campbell had also previously been diagnosed with hypothyroidism, a disorder of the thyroid gland.
She says she suspected she had these conditions all along, and after starting to speak about them, she found that a lot of people she knew had similar experiences or other hidden disabilities, and just hadn’t felt able to speak openly.
“That was really nice, and I feel it has enriched my experience, because I’ve met a lot of interesting people and been able to share tips and tricks and adaptations.”
More recently, Campbell wrote an article about her experience of neurodiversity for WIPR, and has since had many people in the IP profession contact her to say that they have been late-diagnosed themselves in their 20s, 30s, or older.
“It’s been really inspiring to hear from those that have reached senior levels in my profession without ever disclosing their condition; it shows that I can do it. I feel very fortunate and inspired by all the other people who are neurodivergent and getting on.”
Championing disability
Jonathan Andrews is an associate at Reed Smith, sits on the Law Society Council and on its Equality and Diversity Inclusion Committee, and is on the committee of IP Ability (part of IP Inclusive).
He is autistic and was encouraged to be open about his condition when he was hired by his employer, which he says is “championing disability”.
“Reed Smith was a very good firm in terms of inviting me to be open about the conditions I might have, and respected the fact that it can be a quite a personal thing to share that information,” says Andrews, who was recognised by the Shaw Trust as the fourth most influential disabled person in the UK in 2020 and is active in increasing visibility of neurodiverse people in law and removing barriers to access within law.
Misunderstandings
While the manifestations of neurodiversity depend on the individual and the condition, there are challenges in a world that caters largely for neurotypicality.
For Campbell, it’s about potential miscommunication. “I’ve always felt that there are some situations where I have to explain myself a little bit more, because I’m coming from a different point of view,” she explains.
“But when I speak to other neurodivergent people, I don’t need to explain—they get it instantly. It’s really validating.”
She likens it to intercultural exchanges. “I speak some Japanese, I lived there, but it took me a while to figure out the nuances of Japanese culture so there were miscommunications.”
Reasonable adjustments
Under the Equality Act in the UK, employers are obligated to offer ‘reasonable adjustments’ to disabled employees to ensure they are not disadvantaged.
But with hidden disabilities such as neurodiversity, extra needs aren’t always obvious—nor do all neurodivergent employees consider themselves disabled, with or without a diagnosis.
Campbell is also sensitive to noise and ideally needs access to somewhere that’s quiet, where she can concentrate without being interrupted. “That’s when I’m most efficient.”
But because she has been neurodivergent since birth, she knew that this was a need of hers for a long time—without really understanding why.
“Before my diagnosis, I wouldn’t have known why I was so tired when attending conferences. And now I think, this noisy environment is going to overstimulate me, so I will wear some ear defenders for part of it, or I will take regular breaks in a quiet place so that I can recover. It just helps me to focus.”
And when it comes to client work, Campbell explains that it’s a case of adjusting her communication style.
“There have been times when I’m aware of the need to vary my communication style for the client, because I know they think in a neurotypical way or when I sense the client is probably neurodivergent.”
Andrews says that Reed Smith offered adjustments for him from the start. “Before I had my interview, I was able to go into the offices and talk to people,” he explains. This helped him to familiarise with a new environment and reduce stress on the day.
“Generally, it’s about knowing how to work with different people and recognise different strengths, looking at adjustments and inclusion in a flexible and well-rounded way,” he adds.
“I think people can sometimes be a bit wary about how best to support or how to work with people [with disabilities].”
For him, it makes a difference when people are aware of and recognise his differences, so that he doesn’t feel “apart” from things as a result.
“It is also being clear on when work needs to be done and what to prioritise,” he adds.
A flexible approach
For many people, the pandemic and the ability to work from home while still having the option to connect with others online, has been a blessing in disguise.
Campbell is no exception. Because her symptoms vary from day to day, flexible working allows her to work in a way that enables her to be more productive, for example starting earlier or later.
At Mewburn Ellis, Campbell is a member of an internal diversity and inclusivity collaboration group.
“That’s been really amazing,” she enthuses. “I feel very supported and able to speak openly about any challenges and ideas for how I can maximise my strengths.”
She adds that that is one thing we can all do to support people who are neurodivergent or who have an invisible disability.
“Simply hearing that firms employ people who have these conditions and are willing to support them goes a long way. When you have disabilities, there’s always a fear about what stereotypes you might encounter.
“Just talking about neurodiversity gives us the confidence to bring our whole selves to work. And every organisation benefits from an inclusive culture where people feel that they can do that.”
The benefits of diversity
It is now well known that workplaces made up of diverse employees are more likely to be successful than those that are homogenous and suffer from ‘groupthink’.
“We have a different viewpoint,” comments Campbell. “We can see things others don’t; we spot solutions; we’re very good at pattern-spotting.
“Often, a neurodivergent person will see the problem before the problem occurs. We can be very useful in certain areas, such as designing systems and strategies. It can be a competitive advantage.”
Tenacity and loyalty are other positive traits that neurodiverse employees can bring.
“People who are divergent or have invisible disabilities have encountered lots of challenges, and any challenge is an opportunity for growth for anyone,” says Campbell.
“So, by including people who are neurodivergent, and who have invisible disabilities, you’re including a group of people who are going to work very hard.”
Andrews chimes with this. “People with disabilities [tend to] want to move around less, and are more likely to stay longer, get to know people and be loyal.”
Creating opportunities
Carolyn Pepper is a partner at Reed Smith, a member of the IP Committee at the Law Society, and works closely with Andrews.
As co-chair of Reed Smith’s disability business inclusion group and a member of the committee at IP Ability, she is closely involved in improving inclusivity in IP.
She highlights that confidence can be an issue that holds people back. “When somebody has a disability or when they are neurodiverse, their confidence sometimes doesn’t reflect their great ability,” she says.
“I think giving people the opportunity to shine, recognising them and celebrating everything that neurodiverse people can do, often is very helpful.”
She adds that employees can sometimes lack trust that organisations actually want to hire them and that it’s important to “develop that trust so that people feel able to disclose their neurodiversity, should they wish to do so and if it makes them feel comfortable”.
Pepper, who has family experience of neurodiversity, says that neurodiverse people are “such great additions to the workplace”.
“I have been much proven to be correct that people who are neurodiverse add a huge amount. I would just encourage people to employ people who are neurodiverse because it’s been a huge success for us.”
But she is keen to stress that neurodivergent people, as with those with disabilities in general, should be recognised for the great work they do and not just in terms of ‘diversity’.
A question of education
So what can employers do to enable neurodiverse employees to work to their full potential in the workplace?
Andrews adds that adjustments are not a ‘one-size-fits-all’ solution and should be addressed more flexibly.
“People’s assumptions about adjustments can be very fixed in terms of it being seen as a need to make physical changes and viewing disability in a more of a physical, traditional way.”
He adds that even getting disability on the agenda more broadly—let alone neurodiversity—and having it viewed equally, can be difficult. And that, he says, filters through to practical support.
“If people are not thinking about diversity as including neurodiversity, then they might well think they have a great diversity programme, but there might not be the support for those people who think differently to be able to contribute in their own way.”
And from an employer’s perspective, Pepper says that firms need to promote the fact that they want to hire neurodiverse employees. “It’s not just about having policies which don’t discriminate—it’s about being very vocal about what you want.
“I’m very vocal about that personally, and Reed Smith wants to work with people who are neurodiverse, because we think that they add a great deal to the firm.”
Increasing awareness around neurodiversity means that more people will learn how to help those who are neurodivergent, believes Campbell.
“I have no doubt that we are present in every workplace at every level. I’ve met very senior lawyers, patent attorneys, trademark attorneys, barristers, and litigators who credit an aspect of their neurodiversity to their success,” she says.
“There are a lot of successful business people out there who had no idea that they are neurodivergent, or who are discovering it now.
“And as we talk more about this, and learn how people have coped, and how workplaces can better support neurodivergent people, it will bring so many more advantages for subsequent generations.”
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