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The increasing recognition of Attention Deficit Hyperactivity Disorder (ADHD) and other neurodivergent conditions is reshaping the landscape of the workplace. A recent case involving Ryan Toghill, a former deputy manager at Lidl, highlights the critical need for employers to adapt their practices and ensure inclusivity. After being dismissed for misconduct linked to his ADHD, Toghill successfully appealed his termination and was awarded over £45,000 by an employment tribunal, underscoring the importance of accommodating neurodivergent employees.
The Tribunal Case: A Turning Point for ADHD Awareness
Ryan Toghill’s lengthy battle with Lidl began when he disclosed his ADHD diagnosis to management. Following a disciplinary meeting regarding a breach of company protocol, he was dismissed from his position. However, the tribunal found that Lidl had failed to consider reasonable adjustments that could have supported Toghill during the disciplinary process, such as allowing for additional breaks. The judge noted that Toghill’s perceived lack of remorse was closely tied to the communication challenges associated with his condition.
“I don’t show a lot of emotions,” Toghill remarked, emphasising the difficulties those with ADHD often face in expressing their feelings. The tribunal ruled in favour of Toghill on several counts, including unfair dismissal and the failure to make necessary adjustments to accommodate his needs.
Lidl responded by stating its commitment to providing reasonable adjustments and clear communication for all employees, signalling a broader movement towards inclusivity in the workplace.
Rising Neurodivergence Diagnoses: A Growing Concern for Employers
The past few years have seen a significant rise in diagnoses of neurodivergent conditions such as ADHD and autism, particularly since the pandemic. According to statistics from Irwin Mitchell, the number of employment tribunal cases referencing neurodivergent conditions jumped from 265 in 2020 to 517 in 2025. This trend reflects a growing awareness of the challenges faced by neurodivergent individuals in the workplace.
While many neurodivergent individuals do not view themselves as disabled, the Equality Act 2010 offers protections that recognise these conditions as disabilities. This legislation entitles individuals to reasonable adjustments in the workplace, provided they can demonstrate a substantial and long-term adverse effect on their daily activities.
The Disconnect Between Employers and Neurodivergent Employees
Despite heightened awareness, a concerning gap persists between employers’ perceptions of their inclusivity and the experiences of neurodivergent employees. Recent findings from the City and Guilds Foundation’s Neurodiversity Index revealed that while employers rated their own preparedness for neurodivergent inclusivity at 70-75%, only 32-38% of employees felt psychologically safe disclosing their conditions.
Employment lawyer Jodie Hill noted that many employers mistakenly demand formal diagnoses as a prerequisite for support. This approach not only undermines the legal protections afforded by the Equality Act but also exacerbates the challenges faced by neurodivergent individuals, who may not have formal diagnoses but nonetheless require support.
Navigating Reasonable Adjustments: A Complex Challenge
Determining what constitutes a reasonable adjustment can be a contentious issue, often leading to disputes in tribunals. For instance, one tribunal case involving an autistic claimant highlighted the limits of reasonable adjustments when the requested changes exceeded what was deemed necessary. Employers are encouraged to engage in open dialogues with employees to understand their unique needs and explore feasible adjustments.
As awareness of neurodiversity continues to grow, some businesses, such as Microsoft and BAE Systems, have initiated targeted hiring programmes to attract neurodivergent candidates. These companies recognise the unique skills and perspectives that neurodivergent individuals can bring to their organisations.
Why it Matters
The implications of ADHD and neurodiversity in the workplace extend far beyond individual cases; they signal a necessary evolution in corporate culture. As more people seek to understand their neurodivergent identities and adapt their work environments accordingly, businesses must respond with empathy and action. Fostering inclusive workplaces not only benefits employees but also enhances organisational performance. By embracing neurodiversity, companies can unlock potential, improve retention rates, and promote innovation. The need for a cultural shift is imperative—one that acknowledges and supports the diverse ways in which individuals contribute to the workforce.
