Is Neurodiversity Awareness Mandatory?

• A recent employment tribunal ruled that mishandling neurodiversity training amounted to discrimination under the Equality Act 2010.
• Neurodiversity is not a protected characteristic under the Equality Act, but conditions like ADHD can qualify as disabilities requiring reasonable adjustments.
• Rising diagnoses and disclosures of neurodivergence mean more employees are requiring support at work.
• Organisation-wide awareness training is one of the simplest and most effective adjustments employers can implement.
• Employers who fail to adapt risk legal challenges as well as increased turnover, recruitment difficulties and reduced productivity.

In 2023, a senior technologist joined a large consultancy firm on a probationary contract. Shortly after starting, she disclosed that she had been diagnosed with ADHD and explained how the condition affected her ability to manage complex or ambiguous tasks.

Despite this disclosure, she was expected to juggle multiple tasks at once and meet demanding deadlines – areas where her condition made things especially challenging.

As difficulties arose, she requested support. The company acknowledged her situation and acted, seeking advice from occupational health. Recommendations were made, and some adjustments were accepted, including a proposal to provide neurodiversity training.

However, the training was not implemented as advised. The employee felt this mishandling of training and ongoing lack of empathy from her line manager made her role untenable. Her employer felt similarly. Before her probation ended, the employee was dismissed on the grounds of poor performance.

The employee saw this as an unfair dismissal and brought her case to an employment tribunal. While some of her complaints were overruled, the tribunal agreed that the employee had been discriminated against because of her ADHD.

The company will now be required to pay compensation, with the amount still to be determined.

The tribunal made it clear that the central mistake was how training was handled.

Occupational health had recommended neurodiversity awareness training for the employee’s manager and colleagues – a recommendation the employee endorsed.

With this knowledge, the wider team would understand how ADHD might affect work and learn simple ways to offer support.

Instead, the employer limited training to a handful of staff and made it clear it was for the employee’s benefit. She was expected to attend each session, while her line manager wasn’t.

So, despite the good intentions, the training programme left the employee feeling exposed and isolated, rather than supported. Crucially, it also meant that the broader workplace culture remained unchanged — barriers were not removed, and her line manager’s expectations and approach remained unchanged.

The tribunal ruled that this failure to implement training as advised amounted to discrimination.

By not making the reasonable adjustments recommended by occupational health, the employer had breached its duties under the Equality Act 2010.

Had awareness training been rolled out across the organisation, the employee’s situation and performance may have improved. Or, if the tribunal had still proceeded, the company could have mounted a stronger defence.

The tribunal’s ruling was based on the employer’s failure to make reasonable adjustments – a duty set out in the Equality Act 2010.

While neurodiversity is not a protected characteristic under this Act, disability is.

Some neurodivergent conditions, such as ADHD, autism or dyslexia, qualify as a disability when they have a substantial and long-term effect on a person’s daily life.

Where neurodivergence meets the definition of a disability, employers are legally required to make reasonable adjustments. In the tribunal, the failure to implement recommended training was judged to be a breach of that duty.

Neurodiversity is becoming increasingly visible in the workplace.

Reports of ADHD, autism and dyslexia are rising, with many adults receiving late diagnoses and choosing to disclose them. Younger employees, in particular, are more open about their needs and expect practical adjustments that help them succeed.

And this rise in disclosures has been accompanied by an increase in complaints. More neurodivergent employees are seeking advice from solicitors because they feel their needs are not being met.

Taken together, these trends suggest that the UK workforce is changing faster than many organisations are adapting. Employers who fail to update their policies and training accordingly risk falling behind – and finding themselves unable to defend against complaints at an employment tribunal.

Under the Equality Act 2010, employers have a legal duty to make reasonable adjustments when a neurodivergent condition meets the definition of a disability.

Awareness training is one of the most straightforward adjustments you can make. It helps managers and colleagues understand how neurodiversity may affect work and creates a supportive environment without drawing unwanted attention to individuals.

Delivered organisation-wide, it demonstrates that you’ve acted reasonably and in line with your legal duties – a key defence if a complaint ever reaches a tribunal.

But compliance is a minimum. The growing visibility of neurodiversity at work, combined with the increasing willingness of many employees to disclose their diagnoses, means employers must respond even when those employees may not meet the legal definition of disability.

Failing to offer support risks challenges in staff recruitment, turnover and productivity – in addition to potential legal issues.

Taking proactive steps to create an inclusive workplace now is both a legal protection and a business advantage.

You can help your workers and managers better understand and support neurodivergent individuals with our two targeted online courses:

A 45-minute CPD-certified course designed for all staff. It introduces common neurodivergent conditions, dispels harmful myths and explains how to make workplaces more inclusive

A comprehensive, two-hour CPD-certified course tailored for team leaders, line managers and senior staff. It clarifies legal duties, explores different neurotypes and outlines strategies for inclusive recruitment, performance management, communication and daily support

Both courses are fully online, mobile-friendly and come with certification upon completion.

Online delivery ensures discreet, consistent awareness across teams, minimising the risk of inadvertently spotlighting individuals, while promoting inclusivity.

Whether you’re aiming to meet legal obligations or drive better business outcomes, these training options offer cost-effective and scalable solutions that improve compliance and workplace culture.