By Claire Rolston, Employment Solicitor/Founder of CLR Law
Neurodiversity is no longer a niche HR topic. As awareness grows and the workforce evolves, employers are increasingly encountering questions about neurodivergent employees and what the law requires of them.
And the numbers are stark: ADHD-related tribunal decisions have seen a 750% increase since 2020, while autism-related decisions have nearly doubled and dyslexia cases have risen by over 78%. If you’re an employer, this is an area you can no longer afford to overlook.
What do we mean by neurodiversity?
The term covers a spectrum of neurological differences, including dyslexia, ADHD, autism spectrum conditions, dyspraxia, dyscalculia, and Tourette’s syndrome, among others. Neurodivergent people may think, learn, and process information differently, but that difference is not a deficit. Many bring exceptional strengths: creativity, hyperfocus, pattern recognition, and lateral thinking. The question for employers isn’t whether to accommodate difference, but how.
The Legal Framework
Under the Equality Act 2010, a person is disabled if they have a physical or mental impairment that has a substantial and longterm adverse effect on their ability to carry out normal day-to-day activities. Neurodivergent conditions frequently meet this threshold, though not automatically. Each case turns on its individual facts.
Where the definition is satisfied, you have a proactive duty to make reasonable adjustments.
What the tribunals are telling us
Recent case law offers clear and practical warnings for employers.
In Khorram v Capgemini UK Plc (2025), an employee with ADHD struggled with complex tasks and tight deadlines. After disclosing her diagnosis during her probationary period, Ms Khorram underwent an OH assessment. One of the recommendations was awareness training for her immediate team, but the company failed to implement this. When she raised a formal grievance, it went nowhere and she was eventually dismissed. The Tribunal found in her favour, ruling that the cost of awareness training was “not a prohibitive difficulty” and there was no plausible reason why it wasn’t implemented. This is proof that reasonable adjustments need not be expensive to be legally required.
In James v The Venture (Wrexham) Ltd (2024), an employee requested adjustments to help manage their neurodivergent condition, including music being played in the workplace that affected their concentration. The request was only partially implemented, and inappropriate comments made by colleagues were found to have violated the claimant’s dignity. The Tribunal upheld several claims and awarded over £17,000 in compensation.
A consistent theme runs through these cases: the onus was put on the employee to change their ways, rather than adjustments being made for them.
What counts as ‘Reasonable’?
Reasonableness is assessed in context. Relevant factors include cost, your resources as a business, and how effective the change would be. Common adjustments include:
flexible working hours
written rather than verbal instructions
a quieter workspace
structured task-setting, and
extended deadlines for written work.
The best source of information about what will help is always the individual themselves. Have a genuine, open conversation.
Where employers go wrong
The most common pitfall is inaction: waiting for a formal diagnosis before taking anything seriously. A diagnosis is not required for the Equality Act to apply. If an employee is struggling and you’re aware of it, take steps.
Legal costs, compensation awards, and reputational damage for disability discrimination claims can be significant. Prevention is therefore far cheaper than litigation.
Act now
Review your recruitment and performance management processes, train your line managers, and ensure your absence procedures don’t inadvertently penalise employees for disability-related difficulties.
This article is for general information only and does not constitute legal advice. If you have a specific employment law concern, seek advice from a qualified solicitor.
clrlaw.co.uk