What is neurodiversity?
Neurodiversity refers to the different ways the brain can work and process information. 

Some of the well-known types of neurodivergence include ADHD, Autism, Tourette’s Syndrome, Dyspraxia and Dyslexia. It is estimated that 15-20% of the global population are neurodivergent, and diagnosis in adults continues to increase due to increased awareness. In 2021, a study found there had been a 787% rise in the number of diagnoses between 1998 and 2018 in the UK.

Disability 
Under section 6 of the Equality Act 2010, a person has a disability if they have a physical or mental impairment that has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities. 

Being neurodivergent will often amount to a disability under the Equality Act 2010, even if a person does not consider they are disabled. However, this will vary from case to case. 
A formal medical diagnosis is not required for protection under the Equality Act 2010, and it is common for employees not to have a formal diagnosis due to NHS waiting times or a reluctance to seek a diagnosis for fear of how they will be perceived by others once they are diagnosed. 

If a neurodivergent individual qualifies as disabled, it is unlawful for an employer to discriminate against them by, for example:
•    treating them less favourably than another employee because of their disability 
•    treating them unfavourably due to something that is a consequence of their disability without objective justification
•    not making reasonable adjustments 
•    subjecting them to harassment or victimisation

An employer cannot be liable if they do not know and could not reasonably be expected to know that a person has a disability or particular condition. Employers should therefore look out for any signs suggesting that an employee has a disability. 

Duty to make reasonable adjustments
Under section 20 of the Equality Act, employers are under a duty to make reasonable adjustments for disabled employees who are placed at substantial disadvantage by the application of a policy or practice.

What is “reasonable” will be unique to each individual, but could include:
•    flexible working arrangements, such as flexible hours and being able to work from home
•    Providing equipment such as a screen reader, standing desk or noise cancelling headphones
•    Changes to work environment, such as the level of noise and light
•    Allowing regular short breaks throughout the working day
•    Having regular check ins on how they are getting on with their workload
•     Making information available in different formats

Any adjustments should be discussed with the individual, and employers may want to consider seeking professional advice from occupational health or their GP, who will be able to advise on which adjustments would be suitable for that particular employee.

When deciding if the adjustment is “reasonable”, the Tribunal will take into account the practicability, cost, the employers size and resources, and how effective the adjustment would be in avoiding the disadvantages. Therefore, what is “reasonable” will be unique to each organisation. 

Employers should also be aware that they are also under an obligation to make reasonable adjustments for disabled job applicants, including modifications to the hiring process.  This could include providing job adverts and job applications in different formats and providing additional time and alternative methods for assessments. 

Case Law 
Duncan v Fujitsu Service Ltd: the ET found that an employer failed to make reasonable adjustments, by insisting that all employees had work discussions orally, despite that an employee with autism struggled to communicate orally.  

AECOM Ltd and Mallon: The EAT upheld the ET’s decision that an employer had failed to make reasonable adjustments, where they declined a request by a candidate with dyspraxia to make a verbal job application, rather than using an online form, and then asked him for details of his impairment over email.  

Employment Tribunal Claims 
In June 2025, there was an increase of 32% in employment tribunal claims as compared to the end of March 2024, with the biggest increase being disability discrimination claims.  
The Neurodiversity Index 2025 report from City & Guilds found that:
•    13% of organisations in the UK have been involved in an employment tribunal relating to neurodiversity
•    33% of neurodivergent employees were not satisfied with the current support they received from their employer
•    51% of neurodivergent employees said they had taken time off work because of their neurodivergence
•    41% of neurodivergent employees felt affected by challenges in the workplace most days.
•    34% of neurodivergent employees said they felt well supported in their workplace.  

Considerations for employers
•    Ongoing Training: ensure that managers have the appropriate and necessary skills to support individuals with neurodiversity in the team, including how to manage reasonable adjustments, along with wider general training throughout the organisation. 
•    Policies: incorporate neurodiversity into company policies (or consider having a separate neurodiversity policy) outlining the support available for those that are neurodiverse, providing practical steps for making reasonable adjustments and an inclusive environment, and ensuring legal compliance. For example, ensuring that the disciplinary policy outlines neurodiversity consideration that should be taken into account during investigations. 
•    Raising Awareness: it is important to educate staff about different neurodivergent conditions, to create a more supportive environment and atmosphere. 
•    Recruitment: reviewing recruitment policies to ensure they are neuro-inclusive and offering suitable alternative formats for job adverts and applications. 
•    Support: employers might want to consider providing or setting up employee representative groups specifically for disabled and/or neurodiverse staff in order to facilitate communication or promote a more inclusive workplace. 

For further information and professional advice tailored to your specific circumstances, feel free to contact our team at Hempsons. Our expertise in employment law can help you navigate the complexities of workplace wellbeing and ensure your HR practices are both inclusive and compliant.

For more detailed insights, visit us at www.hempsons.co.uk.