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The increasing prevalence of neurodivergent conditions, particularly ADHD and autism, is reshaping the workplace landscape in the UK, prompting employers to reassess their approaches to inclusivity. A notable case involving Ryan Toghill, a former deputy store manager at Lidl, highlights the urgent need for companies to adapt to this evolving reality. After being dismissed for alleged gross misconduct linked to his ADHD, Toghill’s successful tribunal claim, resulting in a £45,000 award, underscores the importance of accommodating neurodivergent employees.
A Personal Battle with Workplace Norms
Ryan Toghill’s journey is emblematic of the struggles faced by many neurodivergent individuals in the workplace. After disclosing his ADHD diagnosis, he found himself in a disciplinary meeting following a breach of company protocol. The subsequent dismissal, which he argued was unjust, led him to appeal the decision and ultimately take his case to an employment tribunal. The tribunal ruled that Lidl failed to provide reasonable adjustments during the disciplinary process, such as additional breaks, which could have mitigated the situation.
Toghill expressed frustration over being perceived as lacking remorse, a judgement the tribunal linked to his communication style influenced by ADHD. “I could be incredibly happy, angry, upset, or remorseful, and my facial expressions and tone of voice would essentially remain the same,” he explained. This case is not an isolated incident but part of a growing trend, as more individuals with neurodivergent conditions seek redress for workplace discrimination.
A Surge in Neurodivergent Diagnoses
Recent years have seen a surge in diagnoses of neurodivergent conditions, including ADHD and autism. The legal firm Irwin Mitchell reported a significant increase in employment tribunal claims related to neurodivergence, with cases rising from 265 in 2020 to 517 in 2025. This spike reflects broader societal changes, including the growing recognition of neurodiversity as a legitimate aspect of workplace inclusion.
The pandemic has intensified awareness around these conditions, leading to increased diagnoses and subsequent legal challenges. Notably, the Equality Act 2010 offers protections to neurodivergent individuals, enabling them to claim reasonable adjustments at work—even if they lack a formal diagnosis.
Bridging the Gap: Employer Responsibilities
Despite increased awareness, there remains a disconnect between employer perceptions and the experiences of neurodivergent employees. A report from the City and Guilds Foundation revealed that while 70-75% of employers believe they are improving in their inclusivity efforts, only 32-38% of neurodivergent employees feel psychologically safe to disclose their conditions.
Employment lawyer Jodie Hill noted that many employers grapple with misconceptions about disability and performance. Frequently, businesses ask for formal diagnoses before considering reasonable adjustments, which is not legally required. Such practices leave employers vulnerable to discrimination claims. Moreover, employers often struggle to define what constitutes a “reasonable adjustment,” leading to inconsistencies in their responses to employee needs.
A Call for Comprehensive Reform
As neurodiversity awareness continues to grow, experts advocate for a systemic overhaul in how workplaces approach inclusivity. Professor Amanda Kirby, who leads a government panel focused on improving job opportunities for neurodivergent individuals, argues against a one-size-fits-all model. Training should not be limited to specific conditions but should encompass a broader understanding of neurodiversity.
Furthermore, the government’s recent investment of £3.5 billion into personalised employment support for disabled individuals aims to tackle the barriers that neurodivergent people face in securing stable employment. The ongoing backlog in the UK tribunal system, currently at record levels, poses an additional challenge, making it imperative for employers to proactively implement supportive measures before disputes escalate.
Why it Matters
The rise in neurodivergent claims is more than just a legal trend; it reflects a profound shift in workplace culture. As businesses come to terms with the complexities of neurodiversity, failing to adapt could lead to significant reputational and financial costs. Employers must recognise that inclusive practices not only benefit neurodivergent employees but also enhance overall workplace productivity and morale. By fostering an environment that values diverse thought processes and communication styles, businesses can unlock the full potential of their workforce, ultimately contributing to a more innovative and resilient economy.
