The number of employment tribunal cases involving neurodiversity in the UK has surged from 102 to 183 in the past year, according to research by specialist employment law firm Fox and Partners.
The findings come as the UK marks 30 years since the Disability Discrimination Act (DDA) received Royal Assent on 8 November 1995, and prompted a partner at the law firm to say: “Too many employers are still reacting to problems rather than planning ahead.”
The DDA, which was later subsumed by the Equality Act 2010, was a landmark in protecting disabled people’s rights in the workplace and public life. However, Fox and Partners warned that although the legislation was a turning point, modern challenges, particularly around hidden disabilities, require a more nuanced approach.
The firm’s research shows that tribunal cases citing neurodiversity rose from 102 to 183 last year (an increase of 79%), with conditions such as dyslexia, dyspraxia, Asperger’s, ADHD and autism increasingly cited in discrimination claims. Of these, 44% involved individuals with dyslexia.
Ivor Adair, partner at Fox and Partners, said the DDA’s introduction marked a step change in tackling multiple forms of disability discrimination, “but 30 years on, the challenges have shifted.”
Non-visible disabilities such as ADHD, autism and dyslexia require a more nuanced approach, he said.
The rise in neurodiversity-related claims reflect a changing employment landscape, where many neurodivergent individuals entered the workforce having received adjustments throughout their education. Workplace disputes often stem from management practices that inadvertently created barriers for these employees, said the study.
Adair added: “Tribunal claims are likely to be rising because too many employers are still reacting to problems rather than planning ahead. Without clear policies and a properly informed leadership team committed to an inclusive work environment, disputes are far more likely.”
To support neurodivergent staff, businesses need to examine their processes and workplace technology, consult on neuroinclusion strategies, refresh training, offer flexible working arrangements and provide structured mentoring.
“Supporting neurodivergent employees should be part of any diversity strategy, not just to reduce legal risks, but to foster innovation along with greater inclusion,” Adair said.
Recent employment tribunal cases involving neurodiversity have included a Wetherspoons worker sacked after wrongly using a staff discount and a female executive fired after sleeping in a sauna on a work trip.
