Neurodiversity, employment law and ‘reasonable adjustments’ – the new HR headache
The death of the ‘one-size-fits-all’ policy in HR departments is a result of businesses being caught between a rock and a hard place when it comes to neurodiversity in the workplace, as corporations battle to support staff within the bounds of very complex employment laws – and very personal interpretations of them.
Over recent years, through social media and TV shows, greater awareness has been raised around neurodiversity, the blanket term used to describe conditions such as autism, ADHD, anxiety and Tourette’s. This is evident in the growing popularity of fidget spinners and push-pop bubble fidgets among adults, as well as initiatives like ‘puppy days’ in the workplace to reduce stress, tackle anxiety and boost morale.
Formal diagnosis rates of various mental health conditions have shot up, but with heightened awareness and reduced stigma – especially among younger generations – more people are self-identifying without a formal medical diagnosis. According to Deloitte’s 2023 Gen Z and Millennial Survey, 53 per cent of Gen Z now self-identify as neurodivergent.
This makes it really tricky for businesses and their lawyers, as when it comes to the law, specifically the Equality Act 2010, employees do not need a formal diagnosis to establish disability discrimination.
Clare Brennan, partner at Hunters Law, explained that employers can’t plead ignorance about disabilities, but neurodiversity’s hidden nature makes those legal warning signs incredibly easy to miss.
Tribunal claims surge over neurodiversity
Not surprisingly, the number of disability discrimination claims received by Employment Tribunals has risen sharply, increasing by 79 per cent from 2,272 in the fourth quarter of 2024/25 to 4,056 in the fourth quarter of 2025/26, according to data shared by law firm Littler.
The employment specialists said the rise partly reflects an increasing number of disability discrimination cases centred on an individual’s neurodiversity. Lisa Coleman, senior associate at Littler, said: “We are seeing a significant rise in tribunal cases where ADHD or autism are referenced in disability discrimination complaints, showing that employers are still grappling with the right thing to say or do for their neurodiverse employees.”
There have been several successful cases at the Tribunal, including a staff member with ADHD at comms firm Genesis PR who won her case last December after a judge ruled that being labelled ‘disorganised’ violated her dignity.
While there are people who fall under the blanket label and have genuine struggles, it’s an unfortunate reality that some people can abuse this system for their own gains. The concern for businesses is that, thanks to the Employment Rights Act and the easy route to filing an employment claim (as a result of AI), employers could face a flurry of legal battles from staff who feel the company has failed to make “reasonable adjustments.”
On top of this, Coleman also pointed out that it is common for employees with ADHD or autism to experience anxiety or depression, so businesses can often face multiple claims, which are expensive and time-consuming.
‘No universal solution’
Brennan said: “Many businesses are keen to support neurodiverse employees, but there is no universal solution.”
“An adjustment that works extremely well for one individual may be ineffective or even counterproductive for another. The challenge is often not a lack of willingness to help but identifying appropriate support whilst balancing the needs of the individual, colleagues and the business,” she added.
Robert Turner, senior associate at Lawrence Stephens, warned businesses that, to support staff, it is best to be flexible around making adjustments, and as employees may not fully understand their own support needs, there needs to be an open dialogue about adjustments.
The problems may be very real for affected employees, but they’re no less real for employers.
Eyes on the Law is a weekly column online and in the newspaper focused on the legal sector.