Neurodiversity awareness: What you need to know about neurodivergence at work

Neurodiversity Awareness Week took place last month. Its aim is to shift how organisations understand and support neurodivergent individuals. For HR professionals the aim has clear legal implications.

The legal question boils down to whether an employee is experiencing a disadvantage at work – and what reasonable steps can be taken to address it.

What is neurodivergence?

“Neurodivergence” is an umbrella term covering conditions such as autism, ADHD, dyslexia and dyspraxia.

Is it a disability?

Many individuals with these conditions will meet the definition of disability under the Equality Act 2010: a physical or mental impairment with a substantial and long-term adverse effect on normal day-to-day activities, such as communication, concentration or social interaction.

Does the employee need a formal diagnosis?

Note that a formal diagnosis is not required to trigger legal obligations.

Focus is on the impact of the impairment, not the label. This is particularly relevant given long NHS waiting times for assessments. If an employee reports ongoing difficulties, the duty to consider reasonable adjustments may already arise.

3 useful cases

1. In Sherbourne v N Power, a failure to adjust an open-plan working environment for an employee with Asperger’s syndrome amounted to a breach of the duty to make reasonable adjustments.
2. In Jandu v Marks & Spencer, redundancy selection criteria that disadvantaged a dyslexic employee were found to be unlawful.
3. In Borg-Neal v Lloyds Bank Plc, a dismissal linked to conduct arising from dyslexia led to a significant discrimination award.

How should HR support a neurodivergent employee?

The key is to focus on impact rather than diagnosis. That means:

• Considering reasonable adjustments early, even where a condition is not formally confirmed
• Using occupational health where appropriate to understand workplace impact
• Training managers to recognise and respond to neurodivergence

Remember the duty to make reasonable adjustments for a disability

The duty to make adjustments is not unlimited – employers are only required to take steps that are reasonable in the circumstances. But if you don’t engage with the issue at all, there could be legal problems later down the line.

Further reading:

• Equality Act 2010 – Disability definition – www.gov.uk
• Neurodiversity at work – ACAS
• Neurodivergence legal responsibilities of employers April 2025 – Hunter Law Ltd