UK workplaces are facing a growing challenge as the number of neurodivergent diagnoses, particularly for Attention Deficit Hyperactivity Disorder (ADHD) and autism, continues to climb. This trend is leading to a significant increase in employment tribunal cases, prompting businesses to re-evaluate their approaches to support and inclusion.
A notable case involved Ryan Toghill, a former deputy store manager at Lidl, who was awarded more than £45,000 by an employment tribunal. Mr Toghill, who had informed his employer of his ADHD diagnosis, was dismissed for gross misconduct after using unapproved equipment. The tribunal found that Lidl had failed to make reasonable adjustments during the disciplinary process, such as offering additional breaks, and had misinterpreted his communication style, which was linked to his ADHD, as a 'lack of remorse'. Lidl has stated its commitment to ensuring all employees receive the necessary adjustments, clear communication, and support to succeed.
This case underscores a wider shift, with legal firms and HR professionals noting a substantial rise in workplace disputes centred on neurodivergence. Data from the Ministry of Justice's online judgments database, though partial, indicates 517 employment tribunal cases mentioning neurodivergent conditions in 2025, a significant increase from 265 in 2020. Autism and ADHD were the most frequently cited conditions.
While many neurodivergent individuals do not consider themselves disabled, the Equality Act 2010 provides legal protection, recognising their conditions as disabilities if they have a substantial and long-term adverse effect on daily activities. This entitles them to reasonable adjustments from employers, which are broadly defined and extend beyond work-specific tasks. Tribunal cases are emerging not only from a lack of these adjustments but also from how neurodivergent individuals are treated by colleagues and managers.
Lutfur Ali, a diversity and inclusion adviser at the Chartered Institute of Personnel and Development, highlights that these cases rarely stem from deliberate discrimination. Instead, they often arise from reasonable adjustments being overlooked, performance management processes not designed for diverse thinking styles, and managers lacking the confidence, training, or time to engage in appropriate conversations. As awareness of neurodiversity increases, the legal system is increasingly becoming the arena for resolving these workplace challenges, signalling a critical need for businesses to evolve their practices.