Neurodiversity at work is on the rise

The number of discrimination claims brought before the Employment Tribunal for discrimination for ‘neurodiverse’ continues to rise.

Last year (February 2024) we reported that Tribunal statistics for the previous year revealed employment tribunals heard 102 cases in which employees said that their neurodiversity was part of the reason for the discrimination they experienced. This data suggests employers either don’t have strategies for dealing with neurodiversity within their workforce, or they not working.

What is Neurodiversity?

Neurodiversity is a term that describes the differing ways that people’s brains process information and in addition to ADHD and autism, includes conditions such as dyspraxia and dyslexia.

If you are an employee with a neurodiverse condition or if you are a business who has staff with neurodiverse conditions, then the need to understand through discussion and to understand these employees needs.

The numbers of diagnoses for autism has increased by 787% over the past two decades and prescriptions for medication to treat ADHD has increased by 800% according to studies by the University of Exeter and the British Pharmacology Society.

Reports suggest that 1 out of every 36 children has autism. Prescriptions for ADHD have been rising in recent years. Figures for April to June 2023 show that about 202,000 individuals in England received one, up from 103,000 in the same period in 2018-19.

Employer’s Obligations

Adjustments should be made to ensure that staff are treated fairly.  Training should be given to ensure that neurodiverse staff are properly understood and given tasks that play to their strengths. If you employ neurodiverse people therefore, you should ascertain their needs in the workplace and help to meet those needs and train those who work with them to understand that individual’s personal requirements.

It can be helpful to appoint a mentor in the workplace to those people affected so that they can call on that person for help and advice at any time if they are having difficulties communicating or they are feeling victimised.

The increase in the number of Employment Tribunal claims shows that the number of employees has increased who are prepared to disclose their conditions.

The Neurodiversity Index 2025 report from City & Guilds found that:

• more than one in 10 organisations (13%) have been involved in employment tribunals relating to neurodiversity
• nearly one in three neurodiverse employees are dissatisfied with the support they get from their employer
• more than half (51%) having taken time off work because of their neurodivergence
• more than a quarter (26%) of the 1,300 people polled reported having no adjustments put in place by their employer relating to their caring responsibilities for neurodivergent children. The report concluded that
• four in 10 (41%) of neurodivergent employees feel affected by challenges in the workplace most days.

More positively:

• more than half (55%) of individuals who had disclosed their condition in the workplace said they had received an ‘OK’ or ‘good’ response, an improvement from the 42% who said the same in a similar poll last year.
• half (50%) of organisations with websites now had accessibility features, compared with 35% last year.
• more than four of 10 senior leaders (43%) had also now received specific training in relation to neurodiversity in the past 12 months, the survey found.

If you are an employee or if you are a business that requires advice and support in respect of this, then please Contact Us here. If you complete our enquiry form a member of the employment team will call you straight back.