Key facts
- Ryan Toghill received over £45,000 after a tribunal ruled Lidl failed to make reasonable adjustments for his ADHD during a disciplinary process.
- The tribunal found Toghill's "lack of remorse" was linked to communication differences associated with ADHD.
- Cases involving neurodivergent conditions, including ADHD and autism, are rising in UK employment tribunals.
- The Equality Act 2010 may offer legal protection to neurodivergent individuals if their condition substantially affects daily activities.
- Employers are sometimes criticized for demanding formal diagnosis proof or dismissing employees over performance before considering disability.
- Despite increased employer confidence in neurodiversity inclusion, employees report low levels of psychological safety.
The workplace is undergoing a significant shift as awareness and diagnosis rates of Attention Deficit Hyperactivity Disorder (ADHD) and other neurodivergent conditions rise, leading to an increase in employment tribunal cases. A notable case involved Ryan Toghill, a deputy store manager at Lidl, who was awarded over £45,000 after a tribunal found the company had not fully considered his ADHD during a disciplinary process, failing to offer reasonable adjustments and misinterpreting his communication style.
Legal experts and HR professionals highlight that these cases often stem from overlooked reasonable adjustments, performance processes not designed for diverse thinking styles, and a lack of manager training, rather than deliberate discrimination. The Equality Act 2010 provides a framework for protecting neurodivergent individuals, recognizing their conditions as disabilities if they have a substantial and long-term adverse effect on daily activities, entitling them to reasonable adjustments.
Data from law firms indicates a substantial rise in employment tribunal cases mentioning neurodivergent conditions, with autism and ADHD being the most frequently cited. This surge coincides with soaring diagnosis rates for ADHD and autism, alongside record waiting lists for NHS assessments. Some research suggests these conditions may still be underdiagnosed. The growing recognition of adult neurodivergence means individuals are increasingly unwilling to remain silent about challenges related to communication, organization, and sensory needs, leading to issues like 'masking' and burnout.
Despite employers reporting increased confidence in their neurodivergent readiness, employees often feel a lack of psychological safety when disclosing their conditions. Employment lawyers note common employer pitfalls, such as demanding formal proof of diagnosis when it's not legally required, or focusing on performance dismissals without considering underlying disabilities. This disconnect underscores the challenges businesses face in adapting to the evolving needs of their workforce.