Neurodiversity in the Workplace: What do employers need to know?

March 18, 2025

Neurodiversity in the Workplace: What do employers need to know?

---

By Owen John

As part of Neurodiversity Celebration Week and following new guidance published by ACAS, our employment law expert, Owen, considers how neurodiversity should be approached in the workplace.

17-23 March 2025 is Neurodiversity Celebration week, a worldwide initiative that challenges the stereotypes and misconceptions about neurological differences.

What is neurodiversity?

A neurodivergent individual is someone whose brain works in different ways to what is considered more typical. Some well-known types of neurodivergence are ADHD, autism, dyslexia, dyspraxia, dyscalculia, and Tourette’s syndrome.

Neurodiversity affects people in different ways, and neurodivergent people often have particular strengths arising out of their neurodiversity as well as things they find more challenging.

How does neurodiversity affect people at work?

Different neurodivergent conditions can manifest in a wide variety of ways.

For example, typical effects of ADHD can include difficulties with concentration and time management, but also periods of “hyperfocus” and creativity.

Typical effects of autism might include sensory differences (being particularly susceptible to background noise, harsh colours, or smells), more direct communication styles, and a good memory.

However, the effects of each neurodiverse condition can vary widely and won’t be the same for all individuals.

What are the employment law implications of neurodiversity?

Many neurodivergent people do not see themselves as “disabled” but in employment law terms, they will sometimes be categorised as having a disability under the Equality Act 2010.

Disability is a protected characteristic under the Equality Act 2010. An employee or worker is considered disabled in law if:

• They have a physical or mental impairment;
• The impairment is long-term and lasts (or is likely to last) 12 months or longer;
• The impairment has a substantial adverse impact on the individual’s ability to carry out day-to-day activities.

Some neurodivergent conditions, depending on their severity, therefore amount to a disability. The Equality Act gives disabled employees protection against discrimination and the right to reasonable adjustments at work.

• Disability discrimination

An employer must not treat disabled employees less favourably than they would treat others. Discrimination can also arise from treating an employee unfavourably because of something arising in consequence of their disability, for example the symptoms of a neurodivergent condition or its effect on their ability to perform certain work tasks, unless the employer’s actions can be objectively justified. “Objective justification” means having a legitimate business reason and acting in a proportionate rather than heavy-handed way.

• Reasonable adjustments

If a disabled employee is put at a substantial disadvantage by a physical feature, lack of auxiliary aid, or a provision, criterion or practice of the employer there is also a positive duty on the employer to make reasonable adjustments.

What’s a “reasonable” adjustment is fact-sensitive and will depend on what the disadvantage caused by their disability is, what would assist the employee and reduce the disadvantage, and what resources the employer has available to it to make the adjustments.

If an employer falls foul of these duties, it could give rise to a risk of an Employment Tribunal claim, as well as risking losing a valuable employee or worker.

Does an employee need to inform their employer of their neurodiversity?

If they’re comfortable to do so, the best way for an employee to ensure their employer provides them with the right support is to disclose their neurodiversity and how its effects may disadvantage them at work. The employee and the employer can then work together to find solutions and put adjustments in place to support the employee with carrying out their role. For example, this might include the employer providing noise-cancelling headphones, additional software, or training colleagues on effective communication styles.

However, an employee does not have to make their employer aware and there is a duty on employers to act on clear signs of a an employee who may need additional support. Delays completing work, different communication styles, difficulty completing certain tasks or long-term sickness could all be signs that an employee may have a disability in the eyes of the Equality Act and need adjustments.

How can employers inform themselves better about neurodiversity?

There are many resources available to employers which want to learn more about neurodiversity and how they can support their neurodivergent staff and help them to harness their strengths and overcome their challenges in the workplace.

ACAS has recently published updated guidance on understanding neurodiversity at work, which summarises the different types of neurodiversity and their effects.

Other resources include CIPD, charities like the ADHD Foundation and the Autism Society, or employers’ own Occupational Health or employee assistance programmes.

If in doubt, employers should seek legal advice about what their duties are towards neurodivergent employees and workers, and what to do if a dispute arises.

If you need advice on neurodiversity in the workplace, reasonable adjustments or disability discrimination, get in touch using our contact form or contact Owen John on 02920 829 118 to find out how we could help you.