Around one in seven people in the UK is neurodivergent. That means in most workplaces, large or small, neurodivergent people are already part of the team. Whether employers recognise neurodiversity in the workplace or not is another matter.
What does neurodivergent mean?
Neurodiversity describes the natural variation in how people’s brains work: how they process information, manage attention, communicate, and interact with the world around them. There’s no single neurodivergent experience; it covers a broad range of conditions, including:
- Autism Spectrum Disorder (ASD)
- Attention Deficit Hyperactivity Disorder (ADHD)
- Dyslexia, Dyspraxia, Dyscalculia, and Dysgraphia
- Tourette Syndrome
- Sensory Processing Conditions
- Psychological conditions, such as bipolar disorder and obsessive-compulsive disorder.
- Social anxiety and other cognitive differences
Each person’s experience is different, and it’s worth approaching that with some humility. What works for one employee won’t necessarily work for another, even if they share the same diagnosis.
Why neurodiversity matters at work
The employment gap for neurodivergent people remains significant. Government data from 2021 showed that just 22% of autistic adults were in employment. Research by the National Autistic Society found that nearly half of autistic employees had experienced bullying or harassment at work.
At the same time, neurodivergent employees frequently bring real strengths to their roles: strong attention to detail, creative problem-solving, the ability to focus intensely, and the kind of lateral thinking that teams often need most. But are workplaces set up to let those strengths come through?
What the law says about neurodiversity in the workplace
Under the Equality Act 2010, a neurodivergent condition may be classed as a disability if it has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities. Where that’s the case, employees have clear legal protections against discrimination, harassment, and victimisation.
Employers also have a duty to make reasonable adjustments, changes that remove or reduce any disadvantage a neurodivergent employee would otherwise face.
In practice, this could mean:
- Flexible working hours
- Quieter workspaces
- Written instructions rather than verbal ones
- Changes to how meetings are run
- Adjustments to recruitment and assessment processes.
What counts as “reasonable” depends on the circumstances: the size of the business, the nature of the role, and the specific needs of the individual. There’s no one-size-fits-all answer, which is why it’s worth taking proper advice rather than relying on assumptions.
Employment tribunal trends
Disability discrimination claims linked to neurodivergent conditions are on the rise. Ministry of Justice data from 2022 recorded 102 tribunal claims that referenced neurodiversity: a 40% increase compared to 2020. That trend has continued since.
For employers, this is a practical signal as much as a legal one. Failing to support neurodivergent employees is both a risk to the individual and to the business. Tribunal proceedings are time-consuming, costly, and reputationally damaging. Getting the basics right from the outset is far less painful than dealing with the fallout later.
What good practice looks like
Employers build genuinely inclusive workplaces tend to see real benefits in terms of retention, morale, and performance.
Start with recruitment
Job adverts should be clear and jargon-free. Interview processes should be transparent, with candidates told in advance what to expect. Consider whether your standard format is actually the best way to assess the role, or whether other formats might give candidates a fairer chance to show what they can do.
Create space for open conversations
Neurodivergent employees are more likely to ask for support if they feel safe doing so. That means having managers who are approachable and informed, and policies that don’t inadvertently discourage disclosure. It also means listening properly when someone does raise something, not just going through the motions.
Tailor the support
A diagnosis tells you something, but not everything. Talk to the individual, involve Occupational Health where appropriate, and work out what adjustments would actually make a difference for them specifically. That might be assistive technology, changes to how their workload is structured, extra time for certain tasks, or a different physical environment. The key is to be flexible and willing to revisit what you’ve put in place as needs change.
Train your managers
Line managers are often the first point of contact when something isn’t working. If they don’t understand neurodiversity in the workplace or feel uncertain about how to respond, problems can escalate unnecessarily. Training doesn’t need to be complex, but it does need to be practical and focused on what managers are likely to encounter day-to-day.
Keep reviewing
Adjustments that work well at one point in someone’s career may need to change as their role evolves, or as the business changes around them. A one-off conversation isn’t enough; ongoing check-ins signal that support isn’t just a tick-box exercise.
How we can help
Our employment law team advises businesses of all sizes on neurodiversity in the workplace, whether that’s reviewing policies, advising on specific situations, supporting with reasonable adjustments, or defending discrimination claims. We can also advise neurodivergent employees who feel they haven’t been properly supported or have faced unfair treatment at work.
Get In Touch
Debbie Coyne is Head and Partner in our Employment Law team. She has extensive experience advising employers on all aspects of employment law, both contentious and non-contentious.
For further information on the above subject, please contact Debbie or another member of the team on 0330 111 3131 or via our contact form.
