ADHD and neurodivergence: am i entitled to reasonable adjustments in the workplace?

Being neurodivergent can result in employees having conditions that amount to a disability under the Equality Act 2010. Examples of neurodivergence include ADHD (attention deficit hyperactivity disorder), autism, dyslexia, and dyspraxia.

Section 20 of the Equality Act 2010 imposes a duty on employers to make reasonable adjustments for disabled workers and employees. The intention behind this is that disabled persons are not placed at a substantial disadvantage in the workplace, compared to persons who are not disabled.

Therefore, if an employee feels as though they are at a disadvantage in the workplace due to neurodivergence, their employer has a duty to consider reasonable adjustments under UK law (subject to the employer knowing, or being reasonably expected to know of the employee’s disability).

In the first instance, it is recommended that the employee informs their employer of any condition they suffer from which could amount to a disability. As soon as you inform your employer, they are obligated to consider any adjustments they could make to help you undertake your duties. They may choose to meet with you to discuss how your condition affects you and ask for your view on what adjustments you consider may be useful. Failure to make reasonable adjustments is likely to be classed as disability discrimination.

It is important to note that the reasonable adjustments an employee will require will vary from person to person. Therefore, the employer may choose to instruct occupational health to consider the specific nature of an employee’s condition. Otherwise, the employer may form assumptions around an employee’s disability, and risk implementing reasonable adjustments that offer no benefit or solution to resolving workplace barriers that neurodivergent employees are faced with. 

In the event that you believe your employer has failed to make reasonable adjustments, after you have informed them of your disability and ways in which this could be helped, please contact our specialist employment law team on 0161 696 6170.