December 12, 2025
In the UK, neurodiversity is firmly a legal responsibility - not just about performance management, culture, or DEI.
Research from City & Guilds shows that 13% of organisations have already been taken to employment tribunals due to neurodiversity-related conflicts.
Oh, and did we mention? Neurodiversity-related tribunals are increasing by 40% year on year.
At the same time, 47% of neurodivergent people feel unable or unwilling to disclose their neurodivergence at work due to fear of negative consequences.
Together, these figures point to a widening gap between legal duty and everyday workplace practice.
For People, Legal, and Risk leaders, this creates real pressure. You are expected to protect the organisation, support your people, and ensure fairness, often without consistent guidance on how the law should be applied in real situations.
So what does the law actually require?
Under the Equality Act 2010, many neurodivergent people are protected as disabled employees. This protection applies whether or not someone uses the word “disabled” themselves.
Employers have a legal duty:
An employee does not need a formal medical diagnosis to access reasonable adjustments. High costs and long waiting times mean many people cannot get a diagnosis, and the law reflects this reality.
These duties apply across the entire employee lifecycle, including recruitment, performance management, absence, progression, and dismissal.
One of the most misunderstood aspects of neurodiversity law is constructive knowledge.
Constructive knowledge means that even if someone has not disclosed, it is a legal requirement to provide them with support if you can be reasonably expected to know that they are neurodivergent.
This is why neurodiversity workplace training so important. Failing to act on constructive knowledge can count as discrimination through inaction.
Most organisations now have some level of neurodiversity awareness. Many have policies that reference reasonable adjustments.
What tribunals scrutinise is whether:
Legal compliance does not sit solely with HR or Legal teams. It lives in everyday management behaviour.
Research shows that 42% of neurodivergent candidates are not offered adjustments during recruitment. This creates legal risk before someone has even joined the organisation.
When neurodivergence is not properly understood, standard processes can unintentionally disadvantage people. Targets, feedback styles, or absence triggers may be applied rigidly, without considering adjustments.
These issues rarely stem from bad intent. They stem from lack of confidence and uneven knowledge.
Legally compliant organisations tend to share common traits.
They have:
This protects both employees and the organisation.
Policies do not make decisions. People do.
Many managers want to support neurodivergent colleagues but worry about saying the wrong thing. Without training, uncertainty can lead to inaction, which is where legal risk grows.
Effective training focuses on:
This is where behavioural change happens.
Neurodiversity and legal compliance are closely connected. Organisations that treat this as a niche issue often find themselves reacting under pressure and becoming part of that 13%.
Are you ready to reduce your legal risk?
Book a free consultation here to explore tailored, data-driven, lived-experience-led support.
