In a rapidly evolving work environment, neurodiversity is reshaping the dynamics between employers and employees. A notable case involving Ryan Toghill, a former Lidl deputy store manager, has brought attention to the challenges faced by neurodivergent individuals in the workplace. After being dismissed for alleged gross misconduct related to his ADHD diagnosis, Toghill took his case to an employment tribunal, where he was awarded over £45,000 due to the lack of reasonable adjustments made by his employer. This case highlights an urgent need for businesses to adapt to the increasing number of neurodivergent employees and the legal implications of failing to do so.
A Changing Landscape for Neurodivergent Employees
The pandemic has catalysed a surge in diagnoses of neurodivergent conditions, including ADHD and autism, which are increasingly prevalent in employment disputes. According to Irwin Mitchell, a leading UK law firm, the number of employment tribunal cases referencing neurodivergent conditions rose to 517 in 2025, up from 265 in 2020. This trend underscores a growing awareness of the challenges faced by neurodivergent individuals, many of whom do not identify as disabled, yet benefit from protections under the Equality Act 2010.
The legal framework provides these individuals with rights to reasonable adjustments in the workplace, which may involve modifications to work practices or environments. However, as cases like Toghill’s reveal, many employers are unprepared to meet these requirements, resulting in escalating disputes and legal challenges.
The Disconnect Between Employers and Employees
Despite increased awareness of neurodiversity, a significant gap remains between employers’ perceptions of their inclusivity efforts and the experiences of neurodivergent employees. A recent Neurodiversity Index from the City and Guilds Foundation showed that while employers rated their neurodivergent readiness between 70-75%, only 32-38% of neurodivergent employees felt psychologically safe disclosing their condition at work.
Employment lawyer Jodie Hill points out that many employers make critical mistakes, such as demanding formal diagnoses before considering reasonable adjustments. This approach not only risks legal repercussions but also alienates employees who may be struggling to communicate their needs. Furthermore, the pressure to perform without adequate support can lead to burnout and high turnover rates among neurodivergent staff.
The Importance of Reasonable Adjustments
Understanding what constitutes a reasonable adjustment can be complex. Employers often misconstrue the legal requirements, believing that they must comply with every request from employees. However, tribunals have clarified that adjustments must be proportionate and justifiable. For example, in one case involving a dyslexic chef, the request for extensive changes to the recruitment process was deemed unreasonable when the employer had already provided adequate support.
As businesses grapple with these challenges, some are adopting proactive measures to support neurodivergent employees. Daniel Rickman, who leads a glazing company, introduced flexible working options and tools such as fidget toys and “busy lights” to create a more accommodating environment. This approach not only enhances employee wellbeing but also boosts retention of skilled workers.
Why it Matters
The implications of failing to adapt to neurodiversity are profound. As more individuals identify as neurodivergent, the demand for inclusive workplaces will only grow. Employers must recognise the unique strengths these individuals bring to the table, and by implementing reasonable adjustments, they can foster a more productive and harmonious work environment. The legal landscape is shifting, and businesses that fail to keep pace with these changes may find themselves facing not only legal challenges but also losing out on the valuable contributions of neurodivergent employees. The future of work hinges on understanding and embracing neurodiversity, ensuring that all individuals have the opportunity to thrive.
