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The workplace landscape is undergoing a significant transformation as Attention Deficit Hyperactivity Disorder (ADHD) increasingly influences employer-employee interactions. A recent tribunal case involving Ryan Toghill, a former deputy store manager at Lidl, highlights the urgent need for businesses to adapt their practices to accommodate neurodivergent individuals. After being dismissed for gross misconduct—following a disciplinary meeting related to his ADHD diagnosis—Toghill successfully challenged his termination and was awarded over £45,000. This case underscores the importance of understanding neurodiversity in the workplace and the necessity for reasonable adjustments to support affected employees.
A Growing Trend in Employment Disputes
The number of individuals diagnosed as neurodivergent has surged in recent years, particularly following the pandemic. This category includes conditions such as autism, ADHD, dyslexia, and Tourette’s syndrome. As awareness increases, so too do the number of employment tribunal cases related to these conditions. According to research by Irwin Mitchell, incidences of tribunal claims involving neurodivergent conditions rose from 265 in 2020 to 517 in 2025. This trend places a spotlight on the need for businesses to adapt to the unique challenges faced by neurodivergent employees.
Many individuals with neurodivergent conditions do not self-identify as disabled; however, under the Equality Act 2010, they may still be entitled to protections and reasonable adjustments in the workplace. These adjustments can include modifications to work environments or practices that ensure employees can perform their roles effectively.
Challenges in the Workplace
Ryan Toghill’s case exemplifies the difficulties faced by neurodivergent employees. During the tribunal, it was revealed that Lidl had not provided adequate support or adjustments during the disciplinary process, such as allowing for additional breaks. The tribunal highlighted that Toghill’s perceived lack of remorse was directly related to his ADHD, which affects his emotional expression and communication style.
Lutfur Ali, a diversity and inclusion adviser at the Chartered Institute of Personnel and Development, notes that many of the issues leading to tribunal cases stem from a lack of understanding and training among managers. He suggests that the challenges faced by neurodivergent employees are often unintentional and arise from systems that do not accommodate different thinking styles.
The Importance of Reasonable Adjustments
Recent studies indicate that while there is a growing recognition of neurodiversity, many employers remain ill-equipped to implement effective adjustments. Jodie Hill, an employment lawyer, emphasises the need for businesses to move beyond simply asking for formal diagnoses before addressing employee needs. This practice can lead to significant discrimination claims if employees are dismissed for performance issues without considering potential disabilities.
The concept of “reasonable adjustments” is not strictly defined, which can lead to confusion and legal disputes. Employers are encouraged to consider the specific role and size of their business when determining what adjustments can be made. Many reasonable accommodations can be low-cost, such as restructuring meetings or allowing for flexible working conditions.
A Need for Systematic Change
Despite the challenges, there are positive developments on the horizon. Some companies, like Microsoft and BAE Systems, have begun implementing targeted hiring programmes to attract neurodivergent candidates, recognising the unique skills they can bring. Furthermore, Daniel Rickman, a business owner, has proactively introduced measures such as flexible working hours and sensory-friendly environments to support all employees, not just those who self-identify as neurodivergent.
Prof. Amanda Kirby, who leads a government panel aimed at improving job opportunities for neurodivergent individuals, advocates for a more holistic approach to employment strategies. She calls for a shift away from the traditional medical model of adjustments, which often fails to account for the diverse needs of neurodivergent individuals. Recognising the complexity of these conditions is vital for creating inclusive workplaces.
Why it Matters
The increasing visibility of neurodiversity in the workplace presents both challenges and opportunities for businesses. As society progresses towards a more inclusive understanding of neurodivergent conditions, companies must adapt to meet the needs of their employees. Ignoring these issues not only risks legal repercussions but also stifles the potential of talented individuals. By embracing and implementing reasonable adjustments, organisations can foster a more productive and diverse workforce, benefitting both employees and employers in the long run.
