The number of employment tribunal cases involving neurodivergent conditions has grown substantially in recent years, reflecting broader shifts in workplace dynamics and employee awareness. Law firm Irwin Mitchell identified 517 tribunal cases mentioning neurodivergent conditions in 2025, compared with 265 in 2020, with autism and ADHD being the most commonly cited conditions. This rise parallels significant increases in diagnosis rates for both conditions, though research suggests both remain underdiagnosed relative to prevalence estimates.
A key challenge facing employers involves understanding and implementing reasonable workplace adjustments required under the Equality Act 2010. Employment lawyers and HR professionals note that many disputes stem not from deliberate discrimination but from overlooked adjustments, performance processes unsuited to different thinking styles, and managers lacking training to have appropriate conversations. A disconnect exists between employer confidence in neurodiversity inclusion, which averages 70-75%, and employee reports of psychological safety and organizational understanding, which range from 32-38%. Common employer mistakes include demanding formal diagnoses when not legally required, dismissing employees for performance issues before considering disability, and incorrectly assuming that reasonable adjustments must match every employee request.
Tribunal decisions have clarified boundaries around what constitutes reasonable adjustment. Cases have found that some requests exceed what is necessary, while others involving relatively low-cost changes such as flexible meeting structures, additional breaks, or specialized equipment have been deemed reasonable. The size and resources of the employer factor into tribunal assessments of reasonableness, with larger organizations expected to implement more comprehensive accommodations.
Despite rising awareness of neurodiversity, implementation gaps remain widespread. Some employers resist providing adjustments due to concerns about costs and perceived fairness to other staff, while others lack clear starting points for designing inclusive workplaces. A growing government focus on neurodiversity in employment includes expert panels and investment in personalized employment support. However, the expanding tribunal backlog, with cases now scheduled into 2030, creates additional pressure on employers facing lengthy waits for legal resolution and potential hidden bias in recruitment as some companies may view neurodivergent candidates as presenting unacceptable legal risk.
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