Disability Matters for Neurodiversity and Inclusive Workplaces
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 their workplace and the reasonable adjustments they may need.
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. Helpful advice can be found on Acas’s website on Neurodiversity at Work.
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, multi-tasking, background noise and communication.
ADHD often goes hand in hand with Dyslexia and Dyspraxia, and ADHD diagnoses have increased significantly. A study from IQVIA Medical Research Data has found a twenty-fold increase between 2000 and 2016.
Similarly, there has been an 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.
Unfortunately, many workplaces are ill-equipped to support their neurodiverse staff, as their managers have not been given the appropriate training.
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 for employers to direct employees to Access to Work, a government body who support people with disabilities to start or stay in work with practical and financial support. They can recommend equipment such as headphones to block out noise, software to help with admin and training to help organisational skills. Although the employer initially pays, the government then refunds most of this money. Although waiting times are steadily increasing, this support is vital for both employees and employers to ensure that barriers to work are lifted. Employers have a legal duty to consider and make reasonable adjustments and Access to Work’s expertise and financial assistance is a great help.
At Martin Searle Solicitors, 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’ legal obligations 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 managers of 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.
Through working together and developing an understanding of the support and adjustments that neurodivergent employees need in their workplace, we can create a level playing field.
For expert advice for employers and employees, contact our Employment Law Team on 01273 609911, or email info@ms-solicitors.co.uk.
