Neurodiversity Awareness Week took place in March 2026. Its aim is to shift how organisations understand and support neurodivergent individuals because it has clear legal implications.
Public debate around rising diagnoses of conditions such as ADHD and autism continues, with some questioning whether these conditions are being over-diagnosed. Late last year, UK Health Secretary Wes Streeting warned that the rising number of diagnoses risked medicalising ‘normal behaviour’, signalling a growing scepticism in some quarters about the expansion of neurodevelopmental labels.
However, from an employment law perspective, this debate is largely irrelevant. The legal question is not whether a condition is fashionable or contested, but whether an employee is experiencing a disadvantage at work – and what reasonable steps can be taken to address it.
“Neurodivergence” is an umbrella term covering conditions such as autism, ADHD, dyslexia and dyspraxia. 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.
Importantly, a formal diagnosis is not required to trigger legal obligations. Tribunals focus 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.
Case law reinforces this practical approach. 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. In Jandu v Marks & Spencer, redundancy selection criteria that disadvantaged a dyslexic employee were found to be unlawful. And in Borg-Neal v Lloyds Bank Plc, a dismissal linked to conduct arising from dyslexia led to a significant discrimination award.
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
The duty to make adjustments is not unlimited – employers are only required to take steps that are reasonable in the circumstances. However, failing to engage with the issue at all is likely to create legal risk.
In short, being a Neurodiverse Employer improves inclusivity and assists with legally compliance.
For further information, please contact Kerry Curd in the employment team on 01626 202406 or email KerryCurd@wbw.co.uk.
Our Employment Law & HR Support service forms part of our wider Business Services Team, providing businesses with access to a comprehensive range of legal expertise. Alongside employment law, we advise on corporate and commercial law, commercial property, commercial disputes, tax advice and compliance, and Farms & Estates matters. By bringing these specialist services together, we can provide joined-up legal support tailored to your business at every stage. For further information or to make an appointment, please visit: https://www.wbw.co.uk/business-legal-services/
WBW Solicitors has offices in Axminster, Bovey Tracey, Brixham, Exeter, Exmouth, Honiton, Launceston, Newton Abbot, Paignton, Seaton, Sidmouth, and Torquay.
This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.
