The landscape of employment is undergoing a significant transformation as more individuals with Attention Deficit Hyperactivity Disorder (ADHD) enter the workforce. A landmark tribunal case involving Ryan Toghill, a deputy store manager at Lidl, has spotlighted the urgent need for employers to adapt to the requirements of neurodiverse workers. With ADHD diagnoses surging in recent years, businesses face increasing scrutiny regarding their practices and policies around reasonable adjustments and inclusivity.
A Case That Changed Everything
Ryan Toghill’s experience encapsulates the struggles faced by many neurodivergent employees. Following his disclosure of an ADHD diagnosis, Toghill was dismissed from Lidl for gross misconduct after an incident involving equipment he had not been trained to use. He contested this decision, arguing that his employer failed to consider his condition during the disciplinary process. Ultimately, the tribunal ruled in his favour, awarding him over £45,000 and highlighting the lack of reasonable adjustments afforded to him, such as additional breaks.
Toghill’s case illustrates a critical point: that ADHD can significantly influence communication styles and emotional expressions, leading to misunderstandings in high-pressure work environments. As he aptly put it, “I could be incredibly happy, angry, upset, or remorseful, and my facial expressions and tone of voice would essentially remain the same.” This lack of understanding can lead to wrongful assumptions about an employee’s intent and capabilities.
Rising Awareness and Diagnosis Rates
The COVID-19 pandemic has accelerated the recognition and diagnosis of neurodivergent conditions, particularly ADHD and autism. Analysis from Irwin Mitchell, a prominent UK law firm, revealed a dramatic increase in employment tribunal cases related to neurodivergence—from 265 cases in 2020 to 517 in 2025. The surge in diagnoses has not only led to more tribunal claims but also raised questions about the adequacy of workplace accommodations.
Though many neurodivergent individuals do not identify as disabled, the Equality Act 2010 provides legal protections, ensuring they receive necessary adjustments if they can demonstrate significant and long-term challenges in daily activities. However, the reality is that organisations often struggle to implement these adjustments effectively, leading to a spike in legal disputes.
The Disconnect Between Employers and Employees
Despite growing awareness, a stark gap remains between employer perceptions and employee experiences. A recent survey by the City and Guilds Foundation indicated that while employers felt confident in their neurodiversity initiatives, only a fraction of neurodivergent employees felt understood or safe discussing their conditions. This disconnect can exacerbate workplace tensions and lead to further disputes.
Employment lawyer Jodie Hill highlights a common pitfall: employers often expect formal diagnoses as a prerequisite for providing support. However, legal protections exist regardless of formal diagnosis, and failing to recognise this can expose companies to discrimination claims.
Additionally, many employers underestimate the complexity of neurodivergent conditions and the corresponding adjustments required. A lack of training and awareness can lead to a dismissive attitude towards requests for support, further alienating employees who may already feel marginalised.
A Call for Systemic Change
The increasing prevalence of neurodivergent conditions in the workplace requires a systemic shift in how companies approach inclusivity. Experts advocate for a more nuanced understanding of neurodiversity, one that recognises the unique needs of individuals rather than applying a one-size-fits-all approach. This includes creating flexible work environments—such as quiet areas, structured meeting formats, and adjustable schedules—to accommodate diverse working styles.
Some forward-thinking organisations have already begun implementing initiatives to foster an inclusive culture. For example, Daniel Rickman, owner of Structura, proactively offers flexible working arrangements and tools like fidget toys and “busy lights” to signal availability. Such measures not only enhance employee wellbeing but also improve overall productivity.
Why it Matters
As the workforce evolves, businesses must adapt to the growing demographic of neurodivergent employees. Failing to do so not only risks legal repercussions but also undermines the potential of a significant portion of the workforce. The case of Ryan Toghill serves as a pivotal reminder of the importance of understanding and accommodating neurodiversity in the workplace. As awareness rises, so too does the expectation for employers to create environments where all employees can thrive, ultimately benefiting both the individuals and the organisations they contribute to.
