The increasing prevalence of neurodivergent conditions, including Attention Deficit Hyperactivity Disorder (ADHD), is reshaping workplace dynamics across the UK. A landmark tribunal case involving Ryan Toghill, a former deputy manager at Lidl, highlights the pressing need for employers to adapt their practices to accommodate neurodivergent individuals. Toghill’s experience underscores not only the challenges faced by those with ADHD but also the responsibilities of employers under the Equality Act 2010.
A Personal Battle for Justice
Ryan Toghill’s journey through the employment tribunal system was fraught with emotional and financial strain. Diagnosed with ADHD, he found himself facing disciplinary action from Lidl after breaching company protocol by using equipment without proper training. Following an internal process that he claimed did not account for his diagnosis, Toghill was dismissed for gross misconduct. He appealed the decision, which ultimately led to a tribunal ruling in his favour that awarded him over £45,000. The tribunal concluded that Lidl had failed to provide reasonable adjustments, such as additional breaks and clearer communication, which directly impacted Toghill’s performance and behaviour.
Toghill’s case illustrates the often-overlooked complexities of ADHD, particularly in the context of workplace communication. “I don’t show a lot of emotions,” he explained, reflecting on how his condition affects his interactions. His experience is indicative of a broader trend, where neurodivergent individuals are increasingly facing workplace discrimination, often due to a lack of understanding from employers.
Rising Awareness and Legal Challenges
The rise in neurodivergent diagnoses, particularly ADHD and autism, has been notable over recent years, especially following the pandemic. Legal experts are reporting an uptick in cases linked to neurodiversity, with figures from 2025 showing a dramatic increase in employment tribunal cases citing such conditions—517 cases, up from 265 in 2020. This surge in legal disputes highlights a growing recognition of the unique challenges faced by neurodivergent individuals in the workplace.
Despite the heightened awareness, many neurodivergent individuals do not view themselves as disabled. However, under the Equality Act, they may still qualify for protections if they can demonstrate that their condition significantly impacts their daily activities. This legal framework aims to ensure that reasonable adjustments are made, although many cases reveal that employers often fail to comply with these requirements.
A 2025 tribunal ruling that found a manager guilty of discrimination against a software engineer with ADHD illustrates the subtlety of these issues. Non-verbal cues, such as sighing or displaying frustration, were flagged as discriminatory actions that contributed to a hostile work environment. Experts stress that many tribunal claims arise not from overt discrimination but from misunderstandings and a lack of training regarding neurodiversity.
The Disconnect Between Employers and Neurodivergent Employees
There is a clear disparity between employers’ perceptions of their inclusivity efforts and the experiences of neurodivergent employees. According to a recent Neurodiversity Index, while employers report confidence levels of 70-75% in their ability to support neurodivergent staff, only 32-38% of neurodivergent employees feel safe disclosing their condition. This disconnect speaks volumes about the need for more effective communication and understanding within organisations.
Employment lawyer Jodie Hill notes that many employers mistakenly believe that formal diagnoses are necessary to qualify for reasonable adjustments. This misunderstanding can lead to unfavourable outcomes for employees who may not have sought a formal diagnosis but still require support. Additionally, the notion that providing adjustments for one employee necessitates doing the same for all can hinder progress, as some employers remain reluctant to address individual needs.
A Call for Comprehensive Change
As awareness of neurodiversity continues to grow, there is an urgent need for businesses to re-evaluate their practices. Employers like Daniel Rickman, who have proactively introduced flexible working arrangements and supportive resources, demonstrate how inclusive strategies can enhance employee satisfaction and retention. Initiatives such as providing sensory-friendly environments or encouraging open dialogue can lead to significant improvements in workplace culture.
Prof Amanda Kirby, who leads a government expert panel on improving employment opportunities for neurodivergent individuals, argues that a one-size-fits-all approach to adjustments is inadequate. Instead, a more holistic understanding of neurodiversity must be integrated into workplace policies, recognising that individuals have unique needs and strengths.
Why it Matters
The increasing visibility of neurodivergent individuals in the workplace is not merely a trend; it is a necessary evolution in our understanding of human diversity. For businesses, adapting to these needs is not just a legal obligation but a moral imperative that can lead to increased innovation, employee satisfaction, and retention. As we navigate this transformation, fostering an inclusive environment for neurodivergent individuals will ultimately enrich the workplace and society as a whole, paving the way for a more equitable future.
