Neurodiversity at work: Legal requirements for employers

Neurodiversity Celebration Week is taking place on the week commencing 17 March 2025. It is estimated that one in seven adults in the UK is neurodivergent. Neurodiversity refers to the different ways in which people’s brains work and interpret information. This includes neurodivergent profiles such as autism, ADHD, dyslexia, dyspraxia, and Tourette's syndrome. Based on these figures, it is, therefore, likely that even the smallest employer will employ someone with a neurodiversity profile at some point. 

ACAS recently published new guidance on 31 January 2025 to raise awareness of neurodiversity in the workplace. This guidance aims to help employers create more inclusive organisations and foster an environment where discussions about neurodiversity are normalised. It also offers practical advice on how to manage capability or conduct concerns for neurodivergent employees.

Whilst it is recognised that neurodiverse individuals bring unique strengths and capabilities that can benefit employers, misunderstandings or insufficient support can often lead to disputes and tribunal claims.

Therefore, it is essential for employers to promote inclusive workplaces that accommodate neurodivergent individuals, reducing the risk of legal issues and maximising the potential of neurodivergent talent by breaking down barriers.

The Law 

The Equality Act 2010 provides protection against discrimination for individuals with disabilities, including those who are neurodivergent. Under the Act, a disability is defined as a physical or mental impairment that has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities.

Employers must:

• Avoid treating a job applicant or employee less favourably than others because of disability (direct discrimination);
• Guard against policies or practices which inadvertently disadvantage neurodivergent employees without objective justification (indirect discrimination);
• Avoid treating a job applicant or employee unfavourably because of something arising as a consequence of their disability without objective justification (discrimination arising from disability);
• Comply with their duty to make reasonable adjustments where a disabled job applicant or employee is placed at a substantial disadvantage (failure to make reasonable adjustments);  
• Prevent a job applicant or employee from being subject to harassment related to their disability (harassment);
• Prevent a job applicant or employee from being subject to a detriment because they have made or intend to make a disability discrimination complaint under the Act or because they have done or intend to do other things in connection with the Act (victimisation); and
• Reframe from asking job applicants pre-employment health questions other than for a prescribed reason.

Employers should be aware that not all neurodivergent employees will consider themselves to have a disability, and so may not expressly notify their employer or potential employer of the fact. Nevertheless, obligations under the Act will still arise if an employer knows, or could reasonably be expected to know, an individual has a disability. 

Research suggests that there has been a significant increase in employment tribunal claims involving neurodivergent discrimination, which emphasises the importance of compliance and taking proactive measures to support neurodiverse individuals in the workplace.

Neurodiversity in recruitment 

Research published by Zurich UK in November 2024 revealed that 50% of neurodivergent individuals polled said that they faced discrimination during the recruitment process due to their neurodiversity.

A further three in 10 neurodivergent adults had their applications dismissed once they disclosed their neurodiversity. Others faced rejection for subjective reasons such as communication style or team fit, and nearly a third had comments made about their abilities.

These statistics were corroborated in the Government-backed Buckland Review of Autism Employment study, which noted the increased barriers due to the neurotypical design of job applications and interviews. However, with the right adjustments and a commitment to neuro-inclusive practices, employers can unlock the potential of neurodivergent talent and create a more diverse and productive workforce. JPMorgan Chase is just one example of this: they reported that their autistic employees achieved, on average, 48%-140% more work than their neurotypical colleagues.

Tribunal claims often arise at the recruitment stage. To avoid discrimination in the recruitment process, employers should: 

• Use clear, concise language in job advertisements and descriptions;
• Adopt more flexible assessment methods to accommodate neurodiverse candidates, such as verbal or video submissions; and
• Allow alternative interview formats, provide additional time for responses, provide questions in advance, or offer quiet interview spaces.

Reasonable adjustments

Employers have a legal duty to remove barriers for disabled employees by making “reasonable adjustments” where there is any risk that the person’s disability is negatively impacting them from performing their role. The changes are designed to ensure fairness and equal opportunity for all employees.

The adjustments an employer may be required to make will be a balancing exercise between the needs of the individual and the employer’s legitimate business aims and capabilities, considering their resources and company size. It is important to engage in open conversations with employees to determine suitable adjustments.

The employer must consider carefully if the adjustment:

• will remove or reduce the disadvantage
• is practical to make
• is affordable and
• harms the health and safety of others

Some examples of reasonable adjustments to support a neurodivergent individual may include:

• Allowing flexible working hours or remote work
• Providing noise-cancelling headphones or quiet workplaces
• Breaking tasks into smaller, manageable steps
• Offering assistive technology, such as speech-to-text software
• Allowing communication preferences (e.g., written instructions rather than verbal)
• Providing structured feedback and clear expectations
• Offering additional training or support

Research by the CIPD in 2024 revealed that neurodivergent employees are 26% more likely to quit when feeling unsupported, leading to the loss of unique skills and talent. Additionally, a lack of inclusive practices can result in up to a 30% reduction in productivity.  

A lack of accommodation is a common trigger for disputes, which could lead to costly tribunal proceedings. Compensation awards for successful disability discrimination claims average £46,000 but are uncapped in the level of damages and can potentially run into the hundreds of thousands. Negative publicity from discrimination cases can also tarnish an employer’s brand, hindering talent attraction and retention efforts.

Awareness and training 

In November 2024, Zurich UK announced that it would offer neurodiversity assessments for employees from January 2025 as part of its healthcare package. The insurer found that 54% of neurodivergent adults feel more secure in their roles following a diagnosis. In comparison, 64% reported better mental health. Alongside this, Autism awareness training was also rolled out for hiring managers and employees. 

Educating managers and employees about neurodiversity helps to create an inclusive culture and reduces the risks of misunderstandings. Training can include: 

• Recognising and respecting neurodiverse traits
• Communication effectively with neurodivergent individuals
• Identifying and addressing potential microaggressions or biases

Awareness training not only promotes understanding but also minimises the risks of harassment claims. 

Neurodiversity brings valuable perspectives and skills to the workplace. By understanding the legal obligations and making reasonable adjustments, employers can create a supportive and collaborative work environment that supports all employees and prospective employees.

By championing neurodiversity, it reduces stigma and encourages applicants to be more forthcoming in working with employers to ensure that the recruitment process is inclusive and works for everyone.