Employment tribunals in the UK are handling a growing number of cases involving neurodivergent employees, highlighting a significant disconnect between workplace practices and the needs of staff with conditions such as ADHD and autism. Data from the law firm Irwin Mitchell, sourced from the Ministry of Justice’s database, identified 517 tribunal cases mentioning neurodivergent conditions in 2025, nearly double the 265 cases recorded in 2020.
Legal experts and diversity advisers suggest these disputes often arise not from deliberate discrimination, but from a lack of management training, rigid performance processes, and a failure to implement reasonable adjustments. Under the Equality Act 2010, employers are required to provide such adjustments if a condition has a substantial, long-term impact on an individual's ability to perform daily activities, regardless of whether a formal diagnosis exists.
One notable case involved Ryan Toghill, a former Lidl deputy store manager who was dismissed for gross misconduct after breaking company rules. A tribunal later awarded him over £45,000, finding that the company failed to account for his ADHD during the disciplinary process. The judge noted that the manager's perception of Toghill’s "lack of remorse" was actually linked to communication differences associated with his ADHD, and that reasonable adjustments, such as additional breaks, had not been offered.
While awareness of neurodivergence has risen significantly, many employees report feeling that their workplaces are not adequately prepared. The City and Guilds Foundation’s 2025 Neurodiversity Index indicated that while many employers believe they are improving, less than 40% of neurodivergent staff feel psychologically safe disclosing their diagnosis or believe their organization understands the impact of their condition.
Lawyers emphasize that "reasonable adjustments" do not require lowering performance standards but rather facilitating an environment where employees can succeed. Some businesses, such as the glazing firm Structura, have begun implementing universal adjustments—like flexible working and sensory-friendly office tools—to support all staff. Meanwhile, government-led initiatives are exploring how to move beyond a "medical model" of support toward more inclusive workplace design, acknowledging that individual needs do not fit into rigid categories.
Source: BBC News
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