The statistics are sobering: neurodiversity-related employment tribunals in the UK have increased by 164% in the last four years.
Payouts range from tens of thousands to several million pounds. And in most cases, it’s not because employers were deliberately discriminatory – it’s because they genuinely didn’t understand their legal obligations.
If you employ people in the UK, this matters. Here’s what you need to know.
The Legal Foundation: It’s Not Optional
Under the Equality Act 2010, many neurodivergent conditions – including ADHD, autism, dyslexia, and dyspraxia – can constitute a disability. This means employers have a legal duty to make reasonable adjustments.
Not “if you feel like it.” Not “if it’s convenient.” A legal duty.
And here’s the uncomfortable bit: you have this duty whether or not the employee has a formal diagnosis. If someone tells you they’re struggling with tasks due to a neurodivergent condition, you need to take that seriously and explore adjustments – even if they’re still on an NHS waiting list for assessment.
What “Reasonable Adjustments” Actually Means
This is where many employers get stuck. What counts as reasonable?
The short answer: it depends on the individual, the role, and your organisation’s resources. But here are some common adjustments that tribunals expect employers to at least consider:
Environmental adjustments:
- Quiet working spaces or permission to use noise-cancelling headphones
- Flexible lighting (not just harsh fluorescent)
- Reduced sensory stimulation in open-plan offices
- Option to work from home when sensory needs require it
Communication adjustments:
- Written instructions rather than verbal-only
- Advance notice of meetings with clear agendas
- Permission to record meetings for reference
- Direct, clear feedback rather than hints or subtext
Time and workflow adjustments:
- Flexible working hours to accommodate energy patterns
- Breaking large projects into smaller, clearer tasks
- Extended deadlines where executive dysfunction affects task initiation
- More frequent check-ins for clarity (not micromanaging)
Organisational support:
- Assistive technology (speech-to-text, mind-mapping software)
- Access to a support worker or job coach
- Structured routine with minimal last-minute changes
- Clear, written procedures rather than assumed knowledge
None of these cost millions. Many cost nothing. But failing to implement them when needed? That’s where the tribunal costs come in.
Why Tribunals Are Increasing
It’s not because neurodivergent employees are becoming more litigious. It’s because:
- More people are identifying as neurodivergent later in life. Adult diagnosis is increasingly common, particularly for women and people from minority backgrounds who were missed in childhood.
- People are learning to self-advocate. There’s more awareness of legal rights and less tolerance for workplaces that ignore them.
- The gap between awareness and action is growing. Many employers know about neurodiversity. Fewer are actually doing anything meaningful about it.
- Burnout is reaching crisis levels. Research shows neurodivergent employees are twice as likely to experience burnout at work. When people burn out and receive no support, they’re more likely to seek legal recourse.
The Most Common Mistakes
Based on tribunal cases and our experience working with neurodivergent professionals, these are the mistakes that keep costing employers:
1. Treating it as a performance issue rather than a support need
When someone’s struggling with tasks due to executive dysfunction, sensory overload, or processing differences, the solution isn’t a performance improvement plan. It’s adjustments that address the actual barrier.
2. Assuming “everyone has the same resources”
The classic: “Well, we don’t give special treatment to anyone.” Except that’s literally what reasonable adjustments are – and they’re required by law. Equality doesn’t mean treating everyone identically. It means removing barriers so everyone can perform.
3. Requiring formal diagnosis before offering support
Diagnosis waiting times can be years. Requiring proof before exploring adjustments often violates your legal duty and causes unnecessary suffering in the meantime.
4. Inconsistent application of adjustments
Granting adjustments to one neurodivergent employee but not another in similar circumstances. Or agreeing to adjustments but not actually implementing them properly. Tribunals notice this.
5. Lack of training for line managers
Your diversity policy is meaningless if the person’s actual manager doesn’t understand neurodiversity or how to have supportive conversations about adjustments.
What Should You Do?
If you’re an employer reading this and feeling anxious, here’s what actually helps:
Start with culture, not just compliance:
- Embed neurodiversity awareness into general management training
- Create a culture where asking for adjustments isn’t seen as weakness
- Ensure your policies explicitly mention neurodiversity
- Make the adjustment process clear and accessible
Listen to the actual person:
- They often know what helps them – you don’t need to be an expert
- If they don’t know, work with them to trial different approaches
- Review adjustments regularly as needs change
- Don’t assume what worked for one neurodivergent employee will work for another
Document everything:
- Keep records of adjustment requests and what you’ve implemented
- Note why you’ve agreed or declined specific requests
- Track the impact of adjustments – on the employee and the business
- This protects both you and the employee
Get expert input when needed:
- Occupational health assessments can help identify appropriate adjustments
- Specialist organisations (like us) can provide guidance on effective support
- Employment law advice before you make decisions you can’t reverse
- Access to Work assessors can fund certain adjustments
The Business Case (Beyond Avoiding Tribunals)
Yes, you need to do this to avoid legal risk. But there’s also a compelling business case:
Neurodivergent employees often bring:
- Innovation and creative problem-solving
- Hyperfocus on areas of interest
- Pattern recognition and attention to detail
- Different perspectives that strengthen teams
When properly supported, they:
- Have lower turnover (loyalty to employers who “get it”)
- Higher engagement and productivity
- Bring skills that are increasingly valuable (tech, creative industries, analytical roles)
Organisations that embrace neurodiversity aren’t just avoiding tribunals – they’re accessing talent that others miss.
The Bottom Line
Neurodiversity in the workplace isn’t going away. The number of people identifying as neurodivergent is rising. The willingness to accept unsupportive workplaces is falling. The legal and financial risks of getting this wrong are increasing rapidly.
But here’s the hopeful bit: most adjustments are simple, low-cost, and beneficial for all employees. Creating a workplace that works for neurodivergent people usually creates a better workplace for everyone.
You don’t need to be perfect. You need to be willing to listen, learn, and make genuine efforts to support your neurodivergent employees.
Because the alternative – the tribunal, the payout, the reputational damage, the loss of talent – is far more expensive than a quiet office and some flexible working hours.
Need Help?
At Reinforce Potential CIC, we specialise in matching neurodivergent professionals with skilled support workers who understand their specific needs. We can also provide guidance to employers trying to create genuinely inclusive workplaces.
If you’re unsure about your obligations or want to get this right, get in touch. We’re here to help – before it becomes a tribunal matter.
What has your organisation done to support neurodivergent employees? What adjustments have made the biggest difference? We’d love to hear your experiences in the comments.
