Disability Matters for Neurodiverse People
Throughout October 2025, our Employment Team are running our ‘Disability Matters’ campaign to stamp out disability discrimination in the workplace. This year, we are focusing on the challenges that neurodiverse people experience in the workplace.
Neurodiversity is a term that is used to refer to a number of conditions related to the variation of the human brain and its functions. The principal conditions associated with neurodiversity are Autism, Attention Deficit Hyperactivity Disorder (ADHD), Dyslexia, Dyscalculia, Dysgraphia, Dyspraxia, and Tourette syndrome.
Despite growing public awareness in recent years about neurodiversity, championed by presenters such as Chris Packham, there is a lack of information about the assistance available for those whose neurodiversity is considered to a disability under the Equality Act.
This is where their condition is a long term mental impairment, which has a substantially adverse effect on their day to day activities. This a common sense test and examples of problems are around concentration, processing skills, problems with multi-tasking, background noise and communications skills.
October is ADHD awareness month and there still remains a lot of work to be done to inform employers about the level of support their staff with ADHD and other neurodiverse conditions need at work. ADHD often goes hand in hand with Dyslexia and Dyspraxia.
ADHD diagnoses have increased significantly over time. A study from IQVIA Medical Research Data has found a twenty-fold increase in ADHD diagnoses between 2000 and 2016. The study’s lead author noted that this is likely to be because of better recognition and diagnoses of this condition and has called out for an increase in resources and adjustments to support people with ADHD.
Other studies find a similar increase for diagnoses of Autism, with NHS figures reporting a 50% increase in the number of patients with an open referral for suspected autism in England between 2023 and 2024.
Many workplaces are sadly ill-equipped to support their neurodiverse staff. The 2024 Neuroinclusion at Work report by the CIPD reported that just 60% of employers say that including neurodiverse staff is a focus for their organisation, whilst just over half of employees said that their organisation has an open and supportive climate where employees are able to talk about neurodiversity. Almost a third of employees did not feel comfortable telling their manager or HR about their neurodiversity, many of whom cited concerns about stigma, assumptions based on stereotypes, or the impact on their career.
A very good starting point is referring the employee to an organisation called Access to Work, a government body who provide workplace assessments. They can recommend equipment such as headphones to block out noise, software to help with writing grammatically, training to help organisational skills. Although the employer initially pays, the government then refunds this money. Not many employers know about this and indeed the wait times are steadily increasing, but this support is vital for both employees and employers to ensure that any barrier to work are lifted and to create an equal playing field. Employers have legal duties to make reasonable adjustments and these aids paid for by the government can really help.
We are determined to break the stigma and assumptions around neurodiversity at work. Since our firm was founded 21 years ago, we have campaigned to end discrimination in the workplace.
Throughout October we are offering free advice and support for employees and employers concerned about employee disability rights and employers responsibilities to their neurodiverse staff. Our free confidential 30-minute advice line runs from 3.30pm – 5.30pm on Tuesdays and Thursdays throughout October – call 01273 609911 or email info@ms-solicitors.co.uk to book an appointment.
We are also running two webinars – on Thursday 23 October we are running a virtual seminar aimed at charities and non-profit organisations on Managing Ill Health and Disability – Best Practice for Employers – more information can be found here. This will be followed by a free webinar for employee advisers and Trade Union representatives covering Disability Discrimination in the Workplace – this takes place on Thursday 30 October and you can find more information here.
Our Employment Team has found that businesses and organisations who have implemented best practice measures to support all their staff, especially those with disabilities including neurodiverse conditions, tend to have greater staff satisfaction and retention, attract better quality candidates through recruitment, and are much less likely to face tribunal claims.
It is through working together and developing an understanding of the support and adjustments that neurodivergent employees in the workplace need that we can help make disability discrimination at work a thing of the past.
For expert advice for employers and employees, contact our Employment Law Team on 01273 609911, or email info@ms-solicitors.co.uk.