As awareness of neurodiversity grows, so too does the expectation that employers will create environments where neurodivergent individuals are not only accepted but empowered to thrive.
Neurodiversity refers to the natural variation in how people think, learn, and process information. The are a wide range of differences, including conditions such as autism, ADHD, dyslexia and dyspraxia. Despite growing awareness, many neurodivergent employees choose not to disclose their condition at work, often out of concern for how they’ll be perceived or treated.
According to research by the Chartered Institute of Personnel and Development (CIPD) and neuroinclusion specialists Uptimize, 31% of neurodivergent employees have not disclosed their condition to their manager or HR department. Among those who chose not to disclose, reasons included privacy, fear of being stereotyped, and concerns about how disclosure might affect their careers.
This lack of disclosure can make it difficult for employers to identify and implement appropriate adjustments, but it does not absolve them of responsibility. Employers must take proactive steps to create inclusive environments where all employees feel safe, supported, and empowered to succeed.
Legal Implications
Under the Equality Act 2010, many forms of neurodivergence are likely to meet the definition of disability: a physical or mental impairment that has a substantial and long-term adverse effect on day-to-day activities. Importantly, a formal diagnosis is not required for protection under the Act.
Employers have a duty to make reasonable adjustments where a workplace practice or environment places a neurodivergent employee at a disadvantage. Failure to do so can result in claims for:
- Disability discrimination
- Harassment or bullying
- Constructive dismissal
- Failure to make reasonable adjustments
Case Law
AECOM v Mallon (2023): The Employment Appeal Tribunal upheld a ruling that AECOM failed to make reasonable adjustments for a job applicant with dyspraxia. The applicant had requested to apply orally rather than through an online form. The EAT awarded £2,000 for injury to feelings.
Key point: Employers must consider alternative application methods when requested by neurodivergent candidates.
Duncan v Fujitsu Services Ltd (2025): The Employment Tribunal found that Fujitsu failed to accommodate an employee with Autistic Spectrum Condition by insisting on oral work discussions. The tribunal ruled that this was a failure to make reasonable adjustments.
Key point: Communication methods should be tailored to individual needs.
Borg-Neal v Lloyds Banking Group (2023): A manager with dyslexia was dismissed after using a racial slur during a race awareness training session. The tribunal found that his condition affected his ability to express himself and that dismissal was a disproportionate response. He was awarded £490,000 for unfair dismissal and disability discrimination.
Key point: Employers must consider the impact of neurodivergence on behaviour and ensure disciplinary actions are proportionate and adjusted where necessary.
Stedman v Haven Leisure Ltd (2025): The Employment Appeal Tribunal overturned a decision that Mr Stedman, diagnosed with ASD and ADHD, was not disabled under the Equality Act. The EAT found the original tribunal had wrongly focused on his achievements rather than the substantial adverse effects of his conditions on daily life.
Key point: Employers must not assume capability based on qualifications or success and should carefully assess the impact of neurodivergence on day-to-day activities.
Benefits of Neuroinclusion
For Employers:
- Improved innovation and creativity: Neurodivergent individuals often bring unique problem-solving skills and perspectives.
- Enhanced productivity: Neurodiverse teams have been shown to be up to 30% more productive.
- Legal compliance and reduced risk: Proactive inclusion helps avoid costly tribunal claims.
For Employees:
- Greater job satisfaction and engagement
- Improved mental health and wellbeing
- Fair access to career development
- Confidence in disclosing and seeking support
Practical Steps for Employers
Creating a neuroinclusive workplace doesn’t have to be costly or complex. Key actions include:
- Inclusive recruitment: Employers must clearly state essential versus desirable criteria in job adverts, offer alternative formats, avoid jargon, and allow reasonable adjustments.
- Tailored support: Adjustments should be based on individual needs.
- Training and awareness: Educate managers and staff on neurodiversity.
- Open communication: Create a culture where employees feel safe to disclose and discuss their needs.
Get In Touch
Debbie Coyne is a Partner and head of our employment law team. Debbie has extensive experience advising employers on all aspects of employment law, including both contentious and non-contentious matters.
At Slater Heelis, we advise employers and employees on all aspects of redundancy, from planning large-scale restructuring programmes to defending individual claims. Whether you’re an employer navigating workforce changes or an employee facing redundancy, we can provide clear, practical guidance tailored to your situation.
If you’re concerned about redundancy procedures or need advice on managing technological change in your workforce, contact our employment law specialists today on 0330 111 3131 or via our online enquiry form.
