Neurodiversity in the workplace: challenges strengths and legal considerations for employers

Neurodiversity celebration week, the worldwide initiative to celebrate individuals with neurological differences, takes place from 17 – 23 March 2025. This includes those diagnosed with conditions such as autism, ADHD, dyspraxia and dyslexia.

As it’s estimated that 15 – 20% of the UK population are neurodivergent, it’s important for employers to recognise the challenges, strengths and legal considerations of neurodiversity in the workplace.

If you missed our recent webinar on the topic of neurodiversity at work, you can watch it back now:

Why is neurodiversity in the workplace valuable?

A diverse and inclusive workplace offers several advantages for both organisations and its employees. Neurodivergent individuals often bring unique strengths to their work, including creativity, problem-solving, data analysis and spotting patterns and trends.

Employers have the opportunity to identify and cultivate the unique talents of neurodivergent employees, while providing the support they need to overcome any challenges they may encounter at work. This will also allow neurodivergent employees to not only thrive in their workplace but also feel welcomed and valued.

What are some of the challenges that neurodiverse individuals face at work?

According to several studies:

• 50% have faced discrimination from recruiters and hiring managers
• 63% consider being neurodivergent as a ‘red flag’ to employers
• 47% feel they need to hide their condition
• 51% fear stigma attached to being neurodivergent
• 31% applicants did not proceed after they disclosed their neurodiversity.

What does the law say about neurodiversity in the workplace?

Under the Equality Act 2010, disability is a protected characteristic. While the impact of neurodivergence can differ from person to person, if an individual’s neurodiversity significantly affects their normal, daily life, it may be classified as a disability. In this case, employers have a legal duty to make workplace adjustments to support and empower their neurodivergent employees, and to remove any barriers that may prevent these individuals from doing their job.

What can employers do to support neurodiversity in the workplace?

Examples of potential adjustments that organisations can make include:

• Fostering an inclusive culture with clear values and expectations
• Offering flexible working patterns with regular breaks, split lunch breaks, shorter meetings and different communication methods (email, telephone, video)
• Offering remote working, quiet rooms, headphones, standing desks and muted/adjustable lighting
• Having regular one-to-ones with clear and structured objectives
• Setting an example from the top, to include policies and training to support managers

In making such adjustments, employers can help to limit a neurodiverse individual’s stress and anxiety, allowing them to perform their role to the best of their ability.

What are the consequences of getting it wrong?

• A skills shortage in your organisation
• Increased recruitment costs
• Employment tribunal claims against your organisation and other employees
• Reputational damage
• An unhappy workforce

Find out more about Neurodiversity Celebration Week.

Case study 

In Duncan v Fujitsue Services ltd, an employment tribunal found that the employer did not go far enough to make adjustments for an employee with Autistic Spectrum Disorder.

The employee struggled with communicating in person, including by telephone and asked his employer to make adjustments which would allow him to communicate primarily in writing. It was held that the employer should have allowed the employee to communicate in writing and not required him to telephone in to report sickness as these were considered reasonable adjustments.

The employer also discussed the employee’s condition with his mother without the employee’s permission and this was held to be an act of harassment, which is a further claim an employee can bring if it’s related to their protected characteristic.

This case shows that adjustments don’t need to be costly or time consuming and also that while it may be appropriate to contact a relative on some occasions without consent, it is clearly useful to set this out in a policy and where possible, seek agreement from the individual concerned in advance.

If you would like support with how to make adjustments for neurodiversity within your organisation, as well as implementing inclusive procedures and policies, please get in touch with our expert employment law solicitors.

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