Pam Loch: Adult ADHD symptoms need careful handling

Pam Loch is Managing Director of Loch Associates Group and Managing Partner of Loch Employment Law.
Pam Loch is Managing Director of Loch Associates Group and Managing Partner of Loch Employment Law.
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Viewers of BBC Horizon may have seen comedian Rory Bremner’s programme exploring the science behind a medical condition which he suspects he has – Adult Attention-Deficit/Hyperactivity Disorder (ADHD).

Approximately four per cent of adults have been diagnosed as being affected by ADHD, a mental health condition often diagnosed in childhood with symptoms that can continue into a person’s adult life. This condition can manifest itself in different ways. Symptoms include: hyperactivity; erratic or impulsive behavior; poor concentration span; difficulties focusing on tasks in hand

Gavin Macgregor is an Employment Lawyer, Loch Employment Law.

Gavin Macgregor is an Employment Lawyer, Loch Employment Law.

Adult ADHD symptoms may not be as clear as ADHD indicators in children. Children who suffer from this condition often have behavioural issues at school and struggle to focus in class with their academic studies.

In adulthood, the problem can affect relationships, mood, concentration and a person’s ability to perform their job in the workplace. Adult ADHD treatment includes medications, psychological counseling (psychotherapy) and treatment for other mental health conditions that occur along with ADHD.

Depression, anxiety and feelings of low self-esteem are also more common in adults with ADHD, which can be a challenge in the workplace for the employee and their managers.

On the other hand, individuals with ADHD often have above-average creativity and intelligence levels which can be an asset for roles requiring imagination and innovation.

Employers often encounter difficulty when managing the performance of employees who are affected by the condition. The nature of this disorder means that identifying who is affected and when it impacts upon their performance is notoriously challenging.

When managing employees who have been diagnosed, companies should be mindful of their legal obligations if they choose to address performance and absence concerns. Under the Equality Act 2010, an employee with ADHD may be considered to have a disability if the condition has a “substantial” and “long-term” negative effect on their ability to carry out normal day-to-day activities.

A recent case heard in the Court of Session (Inner House) determined that a school pupil affected by ADHD did not qualify as disabled under the Equality Act which may have otherwise meant her exclusion from school for having sexual intercourse with a male pupil was unlawful.

When managing the poor performance of an employee, managers and HR professionals should take the employee’s symptoms of ADHD into account. Roles with duties that require creativity, mobility and a series of short tasks can assist those who struggle to focus for prolonged periods. Examples of adjustments that employers may consider include:

Allow flexible working or home-working to remove workplace distractions.

Permit employees to work on particular projects for shorter periods, returning to them later when the employee feels less distracted.

Set out clear daily plans, providing clear instructions for employees.

When an employer becomes aware that an employee has been diagnosed with ADHD, it is important for adjustments and support to be put in place in order to carefully manage the individual’s role and assist them to mitigate the effects.

ADHD may lead to mistakes, accidents and tension with colleagues. Therefore, managers ought to have an appreciation and understanding of how ADHD can adversely affect an employee’s ability to focus and concentrate.

Prior to disciplining or managing the performance of an employee with ADHD, employers should ensure they seek medical advice from a relevant practitioner such as a psychiatrist, the employee’s GP, or their clinical specialist in order to fully understand the impact of the condition.

Pam Loch is Managing Director of Loch Associates Group and Managing Partner of Loch Employment Law. Gavin Macgregor is an Employment Lawyer, Loch Employment Law.