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Ryan Toghill’s experience taking a major UK supermarket chain to an employment tribunal dominated his life for over 18 months. As a deputy store manager at Lidl who had disclosed his ADHD diagnosis to his employers, Ryan faced disciplinary action after he used equipment without proper training—a breach of the company’s rules. Following this, he was dismissed for gross misconduct.
Although he successfully appealed the decision, Lidl offered him a lower-paid position, which he declined. Ryan pursued his case through a tribunal, eventually receiving over £45,000 in damages. The judge ruled that Lidl had not made adequate reasonable adjustments during the disciplinary process, such as allowing extra breaks to accommodate his ADHD. The tribunal noted that comments from a manager describing Ryan as showing “a lack of remorse” were actually linked to the communication differences common in people with ADHD. Ryan himself explained, “I don’t show a lot of emotions… my facial expressions and tone of voice would essentially remain the same,” regardless of his feelings.
The tribunal upheld claims related to unfair dismissal, wrongful dismissal, and failure to make reasonable adjustments. In response, Lidl said it was “committed to ensuring that everyone receives the reasonable adjustments, clear communication and support they need to thrive.” This case illustrates a broader trend drawing attention from campaigners, lawyers, and HR professionals. Over recent years, thousands of people have received neurodivergent diagnoses covering conditions like ADHD, autism, dyslexia, and Tourette’s syndrome. Since the pandemic, more diagnoses of ADHD and autism have emerged, leading to these issues featuring more frequently in employment tribunal disputes.
Research from King’s College London highlighted that nearly 90% of autistic people over 40 remain undiagnosed, underscoring the vast unaware population. Meanwhile, workplace awareness around neurodivergent challenges, including communication styles, organization, and sensory sensitivities, has increased. Many neurodivergent workers engage in “masking,” suppressing their traits to fit in, which often takes a toll on their well-being. Ben Branson, founder of The Hidden 20%, noted, “The recognition of adult neurodivergence has exploded… millions of people finally understanding why they kept moving jobs… who are no longer willing to struggle in silence.”
Despite greater awareness, a recent Neurodiversity Index from the City and Guilds Foundation revealed a gap between employer perceptions and employee experiences. Employers feel they are improving inclusion, whereas neurodivergent employees report only marginal progress. Employment lawyer Jodie Hill, diagnosed with ADHD at 35, observes a rise in legal inquiries related to these issues. She points out common employer missteps, such as demanding formal diagnosis proof or considering dismissal for performance issues without exploring potential disabilities, both of which could lead to discrimination claims.
Hill’s training sessions uncover employer frustrations, including concerns about costs and a fear that accommodations for one employee might obligate similar adjustments for all. Such attitudes often stem from misunderstandings about neurodivergence, which can present fluctuating and invisible challenges day-to-day. What qualifies as a “reasonable adjustment” remains a contested issue, sometimes resolved only in tribunals. For example, one autistic claimant requested extensive recruitment changes from the Judicial Appointments Commission, which had already provided some accommodations. The tribunal ruled the additional requests “went beyond what was necessary or reasonable.”
Legal experts emphasize that employers must explain why they refuse accommodations and demonstrate consideration of alternatives. Jo Moseley from Irwin Mitchell explains that tribunals weigh factors like job role and company size, noting large employers are expected to provide more. Many effective adjustments cost little, such as altering meeting formats, offering breaks, or providing quiet spaces. A recent tribunal found pub chain Greene King negligent for not providing a Bluetooth headset requested by a dyslexic chef struggling with written orders. This failure contributed to his dismissal and resulted in a £24,000 award. Greene King expressed respect for the decision and affirmed its commitment to employee welfare.
Occupational psychologist Prof Nancy Doyle highlights the fine balance employers must strike: adjustments aim to support performance, not reduce standards. She points out that employers may fear legal challenges or making errors but clarifies that they are not expected to retain employees whose shortcomings compromise safety or effectiveness. Instead, some workplaces place neurodivergent staff in precarious situations, relying on intermittent kindness rather than systemic support.
In contrast, Daniel Rickman of Structura proactively offers adjustments like flexible working, fidget toys, and desk signals to all employees. He credits these measures with improving staff retention and productivity, although he has faced criticism for being “woke.” Similarly, corporations such as Microsoft and BAE Systems have initiated targeted recruitment drives to tap into the strengths neurodivergent individuals can bring.
Prof Amanda Kirby, chairing a government expert panel on improving employment outcomes for neurodivergent people, advocates moving beyond a narrow “medical” model of adjustments. She asserts, “Nobody fits into neat boxes,” emphasizing the complexity of needs and the limitations of one-size-fits-all training. Her upcoming report is part of broader governmental efforts to address persistent economic inactivity, which remains elevated since the pandemic. Recent data notes that autistic graduates face unemployment at double the rate of non-disabled peers, and unsupported ADHD is estimated to cost the economy £17 billion annually. Official figures also show more than 100,000 individuals receiving Personal Independent Payments primarily for ADHD, with half aged 16 to 24.
The government is investing £3.5 billion to provide personalized employment support for disabled people and those with health conditions. A Department for Work and Pensions spokesperson acknowledged that disabled and neurodivergent individuals have long been underserved in gaining employment support. However, tribunals are becoming increasingly burdened, with a record 531,000 claims currently open. Employment law specialist Jenna Ide warns that it may take years for cases to conclude, complicating employer decision-making. The backlog is expected to intensify with new protections under the Employment Rights Act coming into force in 2027, shortening the qualifying period for unfair dismissal claims from two years to six months. Jo Moseley warns of a likely surge in such claims in the near future
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