The era of the one-size-fits-all HR policy is coming to an end, as businesses find themselves caught between the need to support neurodiverse employees and the complexities of employment law — along with highly personal interpretations of it.

Greater awareness of neurodiversity, the umbrella term covering conditions such as autism, ADHD, anxiety, and Tourette's, has grown significantly in recent years through social media and television. This shift is visible in workplace trends such as the rising popularity of fidget spinners and push-pop bubble fidgets among adults, as well as initiatives like 'puppy days' designed to reduce stress, address anxiety, and boost morale.

Formal diagnosis rates for various mental health conditions have risen sharply, but with greater awareness and reduced stigma — particularly among younger generations — more individuals are self-identifying as neurodivergent without a formal medical diagnosis. According to Deloitte's 2023 Gen Z and Millennial Survey, 53 per cent of Gen Z now self-identify as neurodivergent.

This creates a significant challenge for businesses and their legal advisers. Under the Equality Act 2010, employees do not need a formal diagnosis to establish a claim for disability discrimination. The Act requires employers to make 'reasonable adjustments' — changes to the working environment or practices that remove substantial disadvantages faced by disabled employees. In practice, these can range from providing noise-cancelling headphones and quiet workspaces, to modifying communication methods, adjusting performance review processes, or offering flexible scheduling.

Clare Brennan, partner at Hunters Law, explained that employers cannot plead ignorance about disabilities, but the hidden nature of neurodiversity makes legal warning signs remarkably easy to overlook.

Tribunal Claims Surge

Disability discrimination claims received by Employment Tribunals have risen sharply, increasing by 79 per cent from 2,272 in the fourth quarter of 2024/25 to 4,056 in the fourth quarter of 2025/26, according to data shared by law firm Littler.

The employment specialists noted that the rise partly reflects a growing number of disability discrimination cases centred on an individual's neurodiversity. This trend comes at a time when the tribunal system is already under significant strain, with longstanding backlogs delaying hearings and raising the cost of disputes for all parties.

Lisa Coleman, senior associate at Littler, said: "We are seeing a significant rise in tribunal cases where ADHD or autism are referenced in disability discrimination complaints, showing that employers are still grappling with the right thing to say or do for their neurodiverse employees."

Several successful tribunal cases have drawn attention to the issue. In one notable example, a staff member with ADHD at communications firm Genesis PR won her case last December after a judge ruled that being labelled 'disorganised' violated her dignity.

While many individuals falling under the neurodiversity umbrella face genuine difficulties, some may exploit the system for personal advantage. Employers are concerned that, under the Employment Rights Act and with AI making it easier to file employment claims, they could face a wave of legal challenges from staff who believe the company has failed to make 'reasonable adjustments.'

Coleman also pointed out that employees with ADHD or autism frequently experience anxiety or depression, meaning businesses can face multiple, overlapping claims — which are both expensive and time-consuming to defend.

'No Universal Solution'

Brennan said: "Many businesses are keen to support neurodiverse employees, but there is no universal solution."

"An adjustment that works extremely well for one individual may be ineffective or even counterproductive for another. The challenge is often not a lack of willingness to help but identifying appropriate support whilst balancing the needs of the individual, colleagues and the business," she added.

Robert Turner, senior associate at Lawrence Stephens, advised businesses to remain flexible when making adjustments. Given that employees may not fully understand their own support needs, he stressed the importance of maintaining an open dialogue about what adjustments are appropriate.

The challenges facing affected employees are undoubtedly real — but they are no less real for the employers trying to navigate this evolving legal landscape.

Eyes on the Law is a weekly column online and in the newspaper focused on the legal sector.