By James Watson, Employment Lawyer at Howell-Jones LLP
As awareness of ADHD, autism, and other forms of neurodivergence grows—especially among younger generations—the focus for employers is shifting. It’s no longer just about recognising these conditions but taking meaningful steps to support neurodivergent staff. Legal responsibilities under the Equality Act and evolving attitudes toward difference are changing how businesses operate.
If you’ve browsed LinkedIn lately, you’ve likely seen professionals listing ADHD or autism among their qualifications or sharing insights about how a recent diagnosis has helped them understand themselves. Once considered a private issue, neurodivergence is increasingly seen as a core part of identity, especially by Gen Z and millennials. This openness is a step toward breaking down stigma, but it also brings new responsibilities for employers.
With rising awareness comes a surge in diagnoses. Employers are now operating in a changing landscape where legal compliance, employee performance, and workplace culture are tightly connected.
Rising Diagnoses, Shifting Demographics
Traditionally seen as childhood conditions, ADHD and autism are now being diagnosed in adults at record levels, particularly among people under 30. Research from University College London found that ADHD diagnoses in UK adults under 30 have increased twentyfold over the past 20 years.
This trend was reinforced by the NHS’s first nationwide ADHD study, published on 29 May 2025. Based on GP records, it revealed that over 820,000 people in the UK have a formal ADHD diagnosis—about 0.8% of all adults and 2.3% of children. However, the NHS estimates that many more remain undiagnosed, with over 500,000 people still waiting for an assessment and around 2.5 million likely affected overall.
Autism diagnoses have seen similar increases. According to the Nuffield Trust, more than 170,000 adults in England were on waiting lists for autism assessments as of December 2023 – five times more than in 2019.
Experts credit this spike to increased public understanding, more open discussions around mental health, and the influence of platforms like TikTok. With hashtags like #ADHD and #autism racking up over 47 billion and 49 billion views respectively, younger people are increasingly exploring these conditions—often using online tools for self-assessment while they wait for formal evaluations.
Other neurodivergent conditions, such as dyslexia, dyspraxia, and dyscalculia, are also being recognised more often, thanks to better testing and awareness.
Challenges for Employers
This rise in both formal diagnoses and self-identification is changing the workplace. Employers now face the complex task of supporting neurodivergent team members, often without established procedures or prior experience.
Legal Considerations
When managing performance or disciplinary issues, employers must consider if the employee may be neurodivergent. Neurodivergent employees may be legally protected under the Equality Act 2010, which requires “reasonable adjustments” to support employees with disabilities. This legal duty applies not just when a diagnosis is known, but also when it reasonably should be known.
Even if an employee doesn’t consider themselves disabled, the law defines disability broadly. If a condition significantly affects someone’s daily life in the long term, protections may apply, even without a formal diagnosis.
Several recent legal cases show how these laws are being interpreted:
- Watson v Roke Manor Research Ltd (2025): Watson, a software engineer with ADHD, experienced non-verbal cues of frustration from his manager, such as sighing and eye-rolling. The tribunal ruled this was part of a broader pattern of harassment and constituted disability discrimination.
- Saunders v Peloton Interactive UK Ltd (2025): An autistic employee requested accommodations like quiet areas and scheduled breaks due to sensory sensitivities. The employer failed to act, leading the tribunal to rule that they had breached their duty to make reasonable adjustments.
- Wright v Cardinal Newman Catholic School (2021): A long-serving head of maths with autism and a heart condition was dismissed after raising multiple grievances. The tribunal found his behaviour was linked to his autism and that the school had not made reasonable accommodations. He was awarded £850,000.
- Kaler v Insights ESC Ltd (2024): A teacher who had identified as autistic sent inappropriate emails during a dispute. Although her neurodivergence wasn’t formally recognised, the tribunal noted the employer should have considered it. However, the seriousness of her behaviour justified her dismissal.
These cases show how nuanced managing neurodivergence at work can be, even when following standard procedures. They also underscore the courts’ growing focus on whether employers are taking individual needs into account.
Rethinking the Workplace
Supporting neurodivergent employees isn’t just a legal requirement – it’s key to building an inclusive, high-performing team. Different ways of thinking can add value, but they require a shift in mindset. What may seem like difficult behaviour may actually be a different approach to processing information.
Practical Steps for Employers
1. Build an Inclusive Culture
- Encourage openness: Make it safe for staff to talk about their challenges and ask for help.
- Celebrate diversity: Recognise and value different ways of thinking and working.
- Provide training: Equip managers with the knowledge to support neurodivergent team members effectively.
2. Offer Personalised Communication
- Be clear and consistent: Use direct language and provide written follow-ups or visual tools.
- Collaborate on solutions: Involve the employee in identifying what support works best.
- Bring in experts when needed: Occupational health professionals can help recommend appropriate adjustments.
3. Adjust the Physical Environment
- Minimise distractions: Use quiet zones, partitions, or noise-cancelling headphones.
- Support sensory needs: Offer adjustable lighting or other aids.
- Allow flexibility: Home working or flexible hours can be vital for some employees.
4. Provide the Right Tools
- Use assistive tech: Consider speech-to-text software, mind-mapping tools, or visual planners.
- Adapt workstations: Dual monitors or ergonomic setups can help with focus and productivity.
For more detailed guidance, employers can refer to resources from ACAS on neurodiversity and the Equality and Human Rights Commission on workplace adjustments.
Howell Jones is a professional Employment Solicitors in Surrey. Contact our team today for more information.
