The workplace landscape is evolving as awareness of neurodiversity increases, with significant implications for both employees and employers. A landmark employment tribunal case involving Ryan Toghill, a former deputy store manager at Lidl, has brought the challenges faced by neurodivergent individuals into sharp focus. Following his dismissal after revealing his diagnosis of Attention Deficit Hyperactivity Disorder (ADHD), Toghill was awarded over £45,000 when the tribunal found that Lidl had failed to provide reasonable adjustments for his condition. This case exemplifies the growing number of disputes concerning neurodivergent conditions, as businesses grapple with the need to accommodate a diverse workforce.
A Growing Trend of Neurodivergence Claims
The landscape of employment law is shifting, with a notable increase in tribunal claims related to neurodivergence. According to data from law firm Irwin Mitchell, the number of employment tribunal cases mentioning neurodivergent conditions surged from 265 in 2020 to 517 in 2025. This uptick is attributed to rising diagnosis rates for conditions like ADHD and autism, particularly in the wake of the pandemic. The demand for assessments has overwhelmed NHS waiting lists, leading to a significant backlog, and many individuals are pursuing claims even without formal diagnoses.
While some argue that neurodivergent individuals are underdiagnosed, studies suggest that awareness of conditions such as ADHD has dramatically increased. Research from University College London indicates that the diagnosis of ADHD in UK adults rose nearly twenty-fold from 2000 to 2018. Additionally, the latest figures point to a concerning reality: those who are neurodivergent often face unique challenges in the workplace that can lead to disputes, highlighting the urgent need for businesses to adapt.
The Legal Landscape and Employer Responsibilities
The Equality Act 2010 provides a framework for protecting neurodivergent employees, classifying their conditions as disabilities when they substantially impact daily activities. Employers are legally obligated to make reasonable adjustments to accommodate these individuals, which can include flexible working arrangements and tailored communication strategies. Unfortunately, many employers struggle to navigate these responsibilities, often failing to provide necessary support.
Jodie Hill, an employment lawyer, notes that common pitfalls for employers include demanding proof of a formal diagnosis before making adjustments or hastily dismissing employees without considering their conditions. These missteps can expose businesses to claims of discrimination. The tribunal system is already burdened, with over half a million claims pending—many of which involve neurodivergent employees seeking clarity and support within their roles.
Bridging the Gap: Improving Workplace Inclusion
Despite increased awareness, a disconnect persists between employers and neurodivergent employees. The City and Guilds Foundation’s Neurodiversity Index revealed that while 70-75% of employers believe they are making strides in inclusion, only 32-38% of neurodivergent employees feel psychologically safe disclosing their conditions. This gap underscores the urgent need for improved communication and understanding within the workplace.
As more businesses recognise the value of neurodiversity, initiatives to create inclusive environments are gaining traction. Companies like Microsoft and BAE Systems are implementing targeted programmes to attract neurodivergent talent, while others are adopting flexible work policies that facilitate a supportive atmosphere. Daniel Rickman, who owns Structura, has proactively introduced measures such as flexible working hours and sensory-friendly tools in meetings to foster a more inclusive environment.
Why it Matters
The implications of this growing awareness and recognition of neurodiversity in the workplace extend beyond individual cases; they reflect a societal shift towards inclusivity and understanding. As businesses adapt to the needs of neurodivergent employees, they not only enhance workplace morale but also unlock untapped potential within their teams. With an increasing number of individuals openly embracing their neurodivergent identities, it is vital for employers to foster an environment where all employees can thrive. Failure to do so could lead to costly tribunal claims and a loss of valuable talent, making it imperative for businesses to prioritise neurodiversity as part of their diversity and inclusion strategies.