Discrimination ruling over missed ADHD support

A recent tribunal ruling involving a global tech firm has put neurodiversity awareness firmly back in the spotlight. The company was found to have discriminated against an employee with ADHD after it failed to implement ADHD awareness training for line managers, which had been recommended in the occupational health guidance it had sought. The decision offers a timely reminder for employers that meaningful support and inclusion for neurodivergent staff is not just good practice, it is a legal obligation. 

What happened? 

In this case, the employer had sought advice from an occupational health specialist on how to support the employee. The company had received a clear recommendation: provide ADHD-specific awareness training for the employee’s managers. No training was provided, and the employee ultimately brought a claim for disability discrimination. The tribunal agreed that the employer had failed to make a reasonable adjustment, which constituted a continuing act of discrimination, and upheld that part of the employee’s claim. 

While the ruling involved a large company, the implications are just as relevant, if not more so, for SMEs. The company failed to put in place recommended training, which the tribunal considered to be an adjustment that would have been entirely reasonable. A failure to implement reasonable adjustments (particularly those which are low-cost and relatively straightforward to put in place) can expose employers to low staff morale, legal claims, reputational damage and costly tribunal proceedings. 

Legal duties for employers 

Under the Equality Act 2010, employers of all sizes have a legal duty to make reasonable adjustments for employees with disabilities. Neurodevelopmental conditions such as ADHD, autism, dyslexia and dyspraxia can be considered disabilities where they have a long-term adverse effect on a person’s ability to carry out day-to-day activities. When a medical or occupational health expert recommends adjustments, such as providing awareness training, adapting communication styles or introducing more structure, these should be taken seriously. 

As our guide on neurodiversity in the workplace explains, failing to follow through on these recommendations can create a legal risk. 

Practical steps for employers 

You don’t need a large HR department or expensive consultants to improve neurodiversity awareness in your workplace. Many adjustments are simple, affordable and deliver wider benefits for staff engagement and retention. For example: 

• Offer basic awareness training for staff on common neurodevelopmental  conditions and how people can work effectively with all kinds of colleagues, whether they are neurotypical or neurodivergent 

• Provide flexibility in working hours and environment, where possible 

• Use clear, direct communication and reduce ambiguity in role expectations 

• Encourage a culture where employees feel safe to disclose conditions and ask for support 

By making these changes proactively, businesses can improve collaborative working, create a more supportive working environment for all staff, increase productivity, and reduce the risk of legal claims. 

The business case for inclusion 

Aside from legal compliance, embracing a neurodiverse workforce brings clear commercial benefits. Many neurodivergent people are quick-thinking, have excellent in problem-solving skills, are innovative and calm under pressure. Others may be particularly creative or have exceptional pattern recognition or enhanced attention to detail. Businesses that recognise and support these talents can gain a competitive advantage in recruitment, team performance and employee retention. 

As workplace expectations evolve, employers that take a forward-thinking approach to inclusion will be better placed to attract and keep the best people, enabling them to work effectively together and avoid the pitfalls that come from ignoring their legal responsibilities. 

Need advice? 

Our expert employment law solicitors can help you review your internal policies, deliver neurodiversity training for managers, and support you in creating a more inclusive workplace. Get in touch with us today.