Neurodiversity is estimated to affect between 10 and 20% of the global population. However, many employers remain unclear about their responsibilities towards neurodivergent employees. In the workplace, failing to make reasonable adjustments can lead to costly disability discrimination claims. What is neurodiversity, and what are the legal protections under the Equality Act 2010? What can employers do to create inclusive environments that benefit both employees and the business?
What Is Neurodiversity?
Neurodiversity refers to the natural variations in how people think, learn, process information, and interact with the world around them. Neurodivergent individuals may experience and respond to their environment differently from neurotypical individuals.
In its article on Neurodiversity in the Workplace, Deloitte defines it as:
“The natural way that people think, learn, perceive the world, interact, and process information differently… [These differences] help organisations thrive, as a workforce that includes people with a variety of perspectives, backgrounds and experiences can improve creativity, innovation and problem-solving.”
Read more from Deloitte
What Conditions Are Considered Neurodivergent?
Neurodiversity is an umbrella term that can include:
- Autism spectrum disorder (ASD)
- Attention deficit hyperactivity disorder (ADHD)
- Dyslexia and dyspraxia
- Tourette’s syndrome
- Post-traumatic stress disorder (PTSD)
- Other cognitive or learning differences
These conditions may impact memory, concentration, communication, emotional regulation or how information is processed. Importantly, many neurodivergent conditions are non-visible, which means employees may hesitate to disclose them due to fear of stigma.
Neurodivergence and Disability Discrimination
Under Section 6 of the Equality Act 2010, a neurodivergent condition may be legally recognised as a disability if it meets the following definition:
“Any physical or mental impairment which has a substantial and long-term adverse effect on an employee’s ability to carry out normal day-to-day activities.”
This includes mental health conditions or cognitive differences that are not immediately visible but have a long-term impact. It is defined as lasting 12 months or more, or likely to be ongoing throughout a person’s life.
Failure to recognise this legal protection can expose employers to disability discrimination claims. If in doubt, talk to our disability discrimination lawyers.
Why Supporting Neurodiversity Is Good for Business
Employers increasingly recognise that neurodivergent employees often bring unique strengths to the workplace, including:
- Innovation and creative problem-solving
- Strong focus and attention to detail
- High levels of accuracy and error detection
- Exceptional memory and factual recall
- Reliability, consistency, and persistence
- Excellence in repetitive or structured tasks
- Technical, design or analytical skills
Companies that build inclusive and supportive environments for neurodivergent staff not only reduce legal risks but also gain a competitive edge through diversity of thought.
Even high-profile figures like Elon Musk, who has spoken about having Asperger’s syndrome, demonstrate the significant contributions that neurodivergent individuals can make to business and technology.
Reasonable Adjustments for Neurodivergent Employees
Employers have a legal duty to make reasonable adjustments for disabled employees, including those who are neurodivergent. These adjustments should help employees work to the best of their abilities and reduce the disadvantages caused by their condition.
Examples of reasonable adjustments include:
- Creating a supportive workplace culture where neurodivergent employees feel confident to disclose challenges
- Offering flexible working arrangements to attend medical or therapy appointments
- Providing quiet or structured workspaces
- Giving written agendas, one-to-one check-ins, and follow-up emails to clarify expectations
- Adapting internal policies to reflect neurodivergent needs
- Offering mentoring or buddy systems
- Supplying assistive software or ergonomic equipment
What’s reasonable will depend on the nature of the employee’s role, their condition, and the resources available to the business. However, being proactive is crucial. Adjustments don’t have to be costly, but they do need to be effective.
Why Employers Must Be Proactive
Because neurodivergent conditions are often invisible, many employees may not disclose them without clear assurances of support. Without awareness and inclusive policies, employers risk unintentionally discriminating against individuals who are legally protected under the Equality Act.
In today’s economy, innovation, efficiency, and ‘outside the box’ thinking are highly valued. Supporting neurodivergent talent can also directly benefit organisational performance, staff retention and profitability.
Need Help with Neurodiversity Policy or Employment Law Advice?
At DPH Legal, our specialist employment solicitors can help you:
- Understand your legal obligations towards neurodivergent employees
- Draft or update your workplace diversity and inclusion policies
- Provide legal advice if you’re facing or want to avoid a discrimination claim
Whether you’re an employer seeking to create a neuro-inclusive environment or an employee who feels unsupported, we’re here to help.
Get in touch today for clear, confidential legal advice on neurodiversity and disability discrimination in the workplace.
