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The landscape of employment is shifting as awareness of neurodiversity, particularly Attention Deficit Hyperactivity Disorder (ADHD), reaches new heights. Recent tribunal cases, such as that of Ryan Toghill, a former Lidl deputy store manager, underscore the urgent need for businesses to adapt and make reasonable adjustments for neurodivergent employees. With diagnosis rates surging, the implications for employers and employees are profound, demanding immediate attention and action.
A Landmark Tribunal Case
Ryan Toghill’s experience with Lidl serves as a stark illustration of the challenges faced by neurodivergent workers. After disclosing his ADHD diagnosis, Toghill found himself in a disciplinary meeting, ultimately leading to his dismissal for gross misconduct related to equipment use. However, a tribunal later ruled in his favour, awarding him over £45,000, citing Lidl’s failure to consider his ADHD during the disciplinary process. The judge highlighted that reasonable adjustments, including additional breaks, were not provided, and Toghill’s communication style—often misinterpreted as a lack of remorse—was linked to his condition.
“I don’t show a lot of emotions,” Toghill explained. “I could be incredibly happy, angry, upset, or remorseful, and my facial expressions and tone of voice would essentially remain the same.” This case highlights a crucial oversight in workplace policies that often overlook the unique needs of neurodivergent individuals.
The Rising Tide of Neurodivergence
The surge in ADHD and autism diagnoses in the UK is significant, with thousands more individuals receiving formal recognition of their conditions, particularly since the pandemic. According to lawyers from Irwin Mitchell, the number of tribunal cases involving neurodivergent conditions has nearly doubled in recent years, with 517 cases recorded in 2025 compared to 265 in 2020. The increase in awareness is coupled with a growing recognition of the need for reasonable adjustments in workplaces.
Despite the rising diagnosis rates, many neurodivergent individuals do not view themselves as disabled. However, the Equality Act 2010 offers protections that could entitle them to reasonable adjustments in the workplace, provided they can demonstrate a substantial adverse effect on their daily activities.
The Disconnect in Workplace Policies
There exists a significant gap between employee needs and employer understanding. Research from the City & Guilds Foundation’s Neurodiversity Index reveals a concerning disparity: while employers believe they’re making strides in inclusivity, neurodivergent employees report only marginal improvements in their experiences. With employers’ confidence levels in their own readiness to accommodate neurodivergent staff averaging between 70-75%, the reality for employees is starkly different, with only 32-38% feeling psychologically safe discussing their conditions.
Employment lawyer Jodie Hill notes that many employers incorrectly insist on formal diagnoses before providing support, potentially exposing themselves to discrimination claims. This misjudgment, alongside fears about the costs of adjustments, often leads to an initial dismissal of employees’ needs.
The Challenge of Reasonable Adjustments
Determining what constitutes a “reasonable adjustment” in the workplace is complex and often contentious. Some employers misinterpret their obligations, believing they must comply with every request from neurodivergent employees without assessing the appropriateness or feasibility of those requests. Recent tribunal rulings have illustrated the delicate balance of ensuring adequate support while maintaining job performance standards.
For instance, a case involving Greene King highlighted the failure to provide a reasonable adjustment—a Bluetooth headset—for a dyslexic chef, resulting in a £24,000 award to the employee. Such cases underline the necessity for businesses to implement thoughtful and practical adjustments that facilitate, rather than hinder, employee performance.
Why it Matters
The increasing recognition of neurodiversity in the workplace is not just a matter of compliance; it reflects a broader societal shift towards inclusivity and understanding. As awareness grows, businesses must evolve, not only to avoid legal repercussions but to foster environments where all employees can thrive. The economic cost of failing to support neurodivergent workers is substantial, with estimates suggesting that unsupported ADHD alone could be costing the UK economy £17 billion annually. As we move forward, the challenge lies in creating workplaces that are not only accommodating but also genuinely supportive, allowing neurodivergent individuals to contribute their unique talents without the burden of misunderstanding or exclusion.