Rising Neurodiversity Tribunal Claims and Employer Duties

Recent employment law commentary highlights a rise in neurodiversity-related tribunal claims across the UK. With approximately one in seven adults identifying as neurodivergent, disputes concerning reasonable adjustments, workplace discrimination, and communication differences are increasing.

Notably, recent cases confirm that non-verbal behaviour and behavioural traits linked to neurodivergence can be central to discrimination findings. Employers who fail to understand or properly document adjustment processes face heightened legal exposure under the Equality Act 2010 and evolving employment legislation.

The core issue is not policy absence. It is inconsistent implementation. Many organisations lack structured systems for recording workplace adjustment requests, monitoring decision-making, and evidencing compliance. Informal conversations leave gaps in accountability.

As regulatory scrutiny grows, employers are shifting from reactive compliance to proactive disability inclusion governance. Clear documentation, transparent processes, and scalable adjustment infrastructure are becoming risk mitigation tools as much as inclusion tools.

The direction is clear. Adjustment management is no longer optional administration. It is legal infrastructure.