Rising awareness of neurodivergence is leading to more employment tribunal disputes as workers and employers navigate the legal requirements for reasonable workplace adjustments.
Key facts
- •Ryan Toghill was awarded over £45,000 after a tribunal found Lidl failed to make reasonable adjustments for his ADHD.
- •Greene King was ordered to pay £24,000 to a dyslexic chef after failing to provide a headset to assist with his work.
- •The UK's employment tribunal system currently faces a record backlog of 531,000 open claims.
- •The government's ADHD Taskforce estimated that unsupported ADHD costs the UK economy £17 billion per year.
- •As of April, approximately 100,000 people received Personal Independent Payments with ADHD as their main condition, an increase of 30,000 over two years.
Employment tribunals in the UK are seeing an increase in cases involving neurodivergent employees, including those with ADHD and autism. Recent legal rulings have highlighted the responsibility of employers to provide reasonable adjustments during disciplinary and performance processes. These disputes often center on communication differences and the failure of businesses to accommodate specific needs, leading to significant financial awards for claimants.
By the numbers
Legal Disputes and Reasonable Adjustments
In a recent case, a Lidl deputy store manager with ADHD was awarded over £45,000 after a tribunal found the company failed to account for his diagnosis during a disciplinary process. The judge noted that the employer did not offer reasonable adjustments, such as additional breaks, and misinterpreted his communication style as a lack of remorse. Similarly, a chef with dyslexia at Greene King was awarded £24,000 after the company failed to provide a requested Bluetooth headset to assist with reading orders. Legal experts note that employers often struggle to define 'reasonable adjustments.' While large employers are expected to do more than small businesses, adjustments can range from simple changes in meeting structures to providing quiet workspaces. Lawyers warn that employers should not demand formal medical proof as a legal test and must justify any refusal of support.
Economic Impact and Government Response
The government is addressing the employment gap for neurodivergent individuals, noting that autistic graduates are twice as likely to be unemployed as non-disabled peers. The ADHD Taskforce estimated that unsupported ADHD costs the economy £17 billion annually. To combat economic inactivity, the government is investing £3.5 billion into personalized employment support. Meanwhile, the UK's tribunal system is facing a record backlog of 531,000 open claims. Legal professionals anticipate a further increase in unfair dismissal claims following the implementation of the Employment Rights Act, which will reduce the service period required for protection against unfair dismissal from two years to six months starting in January 2027.
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This article was independently rewritten by ManyPress editorial AI from reporting originally published by BBC Business.
