Neurodiversity and Reasonable Adjustments: What UK Employers Must Know in 2025   

Introduction

In 2025, UK employers are under increasing scrutiny to foster inclusive workplaces that recognise and support neurodiversity – a term that encompasses neurological conditions such as autism, ADHD, dyslexia, dyspraxia and Tourette’s syndrome. While society has made significant strides in mental health awareness and inclusive hiring, many employers remain uncertain about their legal obligations under the Equality Act 2010, particularly when it comes to making reasonable adjustments for neurodivergent employees. 

With the ACAS guidance on neurodiversity in the workplace, increasing Tribunal claims related to discrimination and a stronger focus on equality, diversity and inclusion (EDI), 2025 is a critical year for HR teams and business leaders to take action. In this article, we’ll explore: 

• What constitutes a neurodivergent disability under UK law; 

• The legal duty to make reasonable adjustments; 

• Recent case law shaping employer obligations; and 

• Practical steps for compliance and culture change. 

The Legal Framework: Equality Act 2010

Neurodivergence as a Disability 

Under the Equality Act 2010, employers must not discriminate against employees or job applicants who have a disability, which is a protected characteristic under the Act. A condition qualifies as a disability if it is: 

“A physical or mental impairment that has a substantial and long-term adverse effect on the individual’s ability to carry out normal day-to-day activities.” 

Many neurodivergent conditions meet this definition, although each case must be considered individually. For example: 

• Autism Spectrum Condition (ASC) and ADHD often affect concentration, communication, and memory. 

• Dyslexia may affect reading, processing information, or time management. 

• Tourette’s Syndrome can manifest in physical tics that affect workplace interactions. 

It is important to note that a formal medical diagnosis is not required for protection under the Equality Act 2010, though evidence of impairment is usually necessary. 

The Duty to Make Reasonable Adjustments 

Employers have a duty under section 20 of the Equality Act to make “reasonable adjustments” where: 

• A provision, criterion, or practice (PCP) puts a disabled person at a substantial disadvantage; 

• A physical feature puts a disabled person at a substantial disadvantage; and/or 

• An auxiliary aid puts a disabled person at a substantial disadvantage. 

These adjustments aim to remove barriers and enable the employee to perform their role on an equal footing with their peers. 

Recent developments in 2024–2025: evolving case law

In the past year, Employment Tribunals have seen an increase in claims involving neurodivergent employees who allege that reasonable adjustments were not made or were implemented too late. While each case turns on its facts, several themes are emerging: 

Common Legal Issues: 

• Lack of training: Managers failing to spot signs of neurodivergence or misinterpreting behaviours as misconduct. 

• Failure to consult: Employers not consulting with the employee before rejecting or ignoring suggested adjustments. 

Notable Case Highlights: 

1. Neurodivergence and Recruitment: A Tribunal found an employer liable for indirect disability discrimination, discrimination arising from disability and failure to make reasonable adjustments after rejecting a candidate with Asperger’s syndrome, who struggled to sit a time pressured multiple-choice situational judgment test at the first stage in a competitive recruitment process. 

1. Neurodivergence and Performance Management: An employer’s failure to modify a performance improvement plan for an employee with dyspraxia, a condition affecting coordination and cognitive processing, led to a finding of failure to make reasonable adjustments. 

These cases show that even well-intentioned processes can become discriminatory if not adapted for neurodivergent needs. 

ACAS guidance: practical adjustments for neurodiversity

In response to growing awareness, ACAS published updated guidance in 2023 specifically addressing neurodiversity in the workplace. This guidance offers valuable, non-prescriptive advice on how employers can meet their legal obligations in a pragmatic, inclusive manner. 

Examples of Reasonable Adjustments 

While every employee’s needs differ, some commonly recommended adjustments include: 

Employers should also review adjustments periodically, especially when roles change or if performance issues arise. 

HR Strategy: Inclusivity, Culture, and Policy

Creating a workplace that genuinely supports neurodivergent individuals requires cultural changes. Forward-thinking employers are embedding neurodiversity awareness into their organisational DNA through inclusive HR strategies. 

Key Actions for Employers: 

• Ensure that equality and diversity policies explicitly reference neurodiversity. Provide clear processes for requesting adjustments and handling concerns. 

• Equip staff with practical knowledge on neurodivergent conditions, inclusive communication, and legal responsibilities. This is vital to avoid discriminatory practices through ignorance. 

• Modify hiring processes to reduce bias, such as allowing extra time for tests, offering interview questions in advance, or using alternative assessment formats. 

• Creating employee-led groups or appointing trained “neurodiversity champions” to support affected individuals and promote awareness. 

• Regularly assess how adjustments are working, gather employee feedback, and track diversity metrics where appropriate (with sensitivity to confidentiality). 

These actions not only reduce legal risk but also boost staff morale, retention, and innovation by recognising and valuing different ways of thinking. 

Conclusion

As the UK workforce evolves, supporting neurodiversity is no longer optional, it’s a legal duty. Employers who understand their responsibilities under the Equality Act 2010 and take steps to implement meaningful adjustments are not only legally compliant but are building workplaces that attract and retain talent from all backgrounds. 

With updated guidance from ACAS and an increasing number of Tribunal claims in this area, now is the time for employers to review their policies, engage with employees, and seek expert legal guidance where needed. 

Our Employment Law team advises both employers and employees on matters involving disability discrimination, reasonable adjustments, and workplace inclusivity. 

If you are an employer looking to future-proof your workplace and reduce risk, or an employee concerned about how you have been treated, our team can help. 

Contact us on 020 7940 4060 or email us at mail@anthonygold.co.uk.