Neurodiversity discrimination in the workplace
We believe that neurodiversity enriches a workplace – it’s a strength, not a barrier. Our specialist employment lawyers in London, Kent and the South East are dedicated to promoting awareness of the challenges and rights of neurodiverse individuals and are here to support neurodivergent individuals in navigating workplace challenges, asserting their rights and accessing fair treatment at work. We also help businesses confidently navigate neurodiversity in the workplace by offering expert guidance, practical tools, and inclusive strategies that promote equity and foster an inclusive workplace.
What is neurodiversity?
Neurodiversity refers to the natural variations in how people think, learn, and process information. The term encompasses a range of conditions including but not limited to autism spectrum disorder (ASD), ADHD, dyslexia, dyspraxia and Tourette syndrome. These differences can bring exceptional strengths to the workplace when supported by inclusive policies and practices.
Under UK law, many neurodivergent conditions are considered disabilities where they meet the statutory definition under the Equality Act 2010. In these cases, employers have a duty to:
Avoid discrimination and/or unfair treatment
Make reasonable adjustments
Promote a safe and inclusive working environment
What is neurodiversity discrimination?
The Equality Act 2010 prohibits several forms of disability discrimination, including direct discrimination, indirect discrimination, discrimination arising from disability, harassment, failure to make reasonable adjustments and victimisation.
Examples of neurodiversity discrimination in the workplace
Common examples of workplace discrimination include:
Not hiring or promoting an individual because of their condition
Dismissing an employee after taking disability-related sick leave, without proper investigation
Derogatory comments directed at an individual which are related to their condition
Requiring staff to attend noisy events which would disadvantage someone with sensory sensitivities
Refusal to modify workplace practices, recruitment assessments, or the work environment to accommodate a neurodiverse individual’s needs
Excluding an individual from training opportunities because they have raised a grievance regarding discriminatory conduct
Assuming that a neurodivergent individual cannot cope under pressure and subsequently excluding them from key projects
Our experience of helping neurodiverse clients in the workplace
We have extensive experience advising both employers and individuals on a range of workplace matters from reviewing workplace policies, supporting individuals who have faced discrimination because of their neurodiversity, advising on reasonable adjustments for neurodivergent employees and flexible working arrangements, to negotiating an agreed exit or providing representation in tribunal claims.
We also advise businesses, schools and public bodies to ensure they are compliant and implementing practices which enable individuals to prosper. We provide tailored advice that balances legal compliance with genuine inclusion.
Meet your neurodiversity discrimination lawyers
Our neurodiversity work is led by employment specialists, Emma Thompson, co-Managing Partner and Head of Employment and Lydia Button, Solicitor.
Emma recognises the additional barriers faced by neurodiverse individuals and has extensive experience in advising on neuroinclusive workplace practices and advising neurodivergent individuals. She has recently led a pro bono support group through ADHD UK focused on ADHD and employment rights and continues to work with ADHD UK to raise awareness worldwide of the challenges faced by neurodivergent individuals in employment. Emma will also be speaking at the Global ADHD conference which takes place from the 2 to 3 October. The conference will be spanning the globe by running for 24 hours across all time zones with the aim of raising ADHD understanding individually, locally, nationally and worldwide.
Lydia is committed to protecting the rights of neurodiverse individuals in the workplace and ensuring that everyone is treated fairly and empowered to thrive without prejudice. Lydia is building a dedicated practice focused on neurodiversity discrimination law – with experience in employment and equality matters, she balances empathy with strategic legal support tailored to each client’s needs.
How we can support neurodiverse clients in the workplace
Our team will support you in understanding the legal protections for neurodivergent people in the UK, with clarity and confidence. We pride ourselves in our clear communication, responsiveness and understanding that everyone has different needs. Examples of the support we can provide includes:
Offer guidance on your rights under the Equality Act 2010
Provide legal advice on discrimination claims
Negotiate reasonable adjustments in the workplace
Represent you in the Employment Tribunal or provide ad-hoc support
Advise on workplace policies
Support with preparation of grievances
Advise on internal procedures such as redundancy or dismissal
If you are neurodivergent and facing challenges at work, we’re here to help you understand your legal rights, look at your options and protect your rights. Please contact our employment team to arrange a confidential consultation with one of your specialist employment solicitors on 020 8290 0440 or by our enquiry form.
