In the five years between 2020 and 2025, employment tribunal cases in the UK involving neurodivergent conditions rose by around 95%. This is a stark increase which doesn’t show any signs of slowing down. In fact, analysis by national law firm Irwin Mitchell shows that the most recent six-month period recorded the highest number of cases over the five-year period.
The vast majority of these are not due to deliberate wrongdoing, but rather discrimination that arises from a lack of employer knowledge and awareness about how to appropriately support their neurodivergent staff.
A common misconception is that an individual must have a formal diagnosis to qualify for reasonable adjustments. This is not the case. If their condition has a substantial and long-term impact on their ability to carry out day-to-day activities, then they are recognised as disabled under the Equality Act, regardless of diagnosis status.
This leaves employers in a predicament and vulnerable to inadvertently discriminating against their employees. Many workplaces are still relying on self-disclosure before putting support in place, but research shows us that many employees are still fearful of disclosing. A 2025 survey from Brain in Hand found that only 22% of respondents had made HR or management aware of their condition.
So if employers can’t rely on disclosure to ensure staff are adequately supported, what else can they do to avoid costly employment tribunals being brought against them?
With more and more employees understanding their rights, and exercising them, employers must cultivate a workplace culture that is inclusive from the outset. The only way to support diverse thinking styles, whether neurodivergent or not, is to design policies and practices that are universally supportive.
This means fostering an environment where every employee can thrive; where adjustments are provided on a basis of individual need, not diagnosis. Managers must be trained in neuroinclusive management styles in order to appropriately support and get the best out of employees, as well as decrease instances of unintentional discrimination.
Workplaces that are getting it right have reviewed their policies and processes throughout the employee life cycle, not only to avoid exposing themselves to tribunals, but to create a culture and environment where every employee succeeds.
The answer is simple: if you want to avoid costly, time-consuming employment tribunals, take a proactive approach.