Neurodiversity as a Disability in the Workplace

“What does inclusion really look like when it comes to neurodiversity? It’s a question many HR teams are asking as awareness grows and employees seek support that goes beyond compliance.”

At our recent HR Breakfast Club, HR professionals explored the practical and legal challenges of supporting neurodiverse employees. From reasonable adjustments to cultural shifts, the discussion highlighted why this topic is more relevant than ever.

Why Neurodiversity Matters for HR

Neurodiversity refers to the natural variations in how people think, learn, and process information. Conditions such as ADHD, autism, dyslexia, and dyspraxia fall under this umbrella. While neurodiversity has always existed, awareness has grown significantly in recent years, prompting employers to rethink policies, recruitment practices, and workplace adjustments.

HR professionals play a critical role in ensuring compliance with the Equality Act 2010, which recognises certain neurodiverse conditions as disabilities. This means employers have a legal duty to make reasonable adjustments to remove barriers and create an inclusive environment.

Key Discussion Points

1. Disclosure: Who Holds the Responsibility?

One of the first questions raised was: Who is responsible for disclosure? Legally, the onus is on the employee to inform their employer about a neurodiverse condition. However, attendees agreed that organisations should foster a culture where employees feel safe to share this information without fear of stigma.

2. Training Managers to Spot the Signs

Management training emerged as a priority. Senior leaders and line managers often lack the knowledge to identify signs of neurodiversity. Early recognition can help HR teams implement support before performance issues arise. Training should cover:

• Understanding common traits of ADHD, autism, dyslexia, etc.
• Avoiding stereotypes and assumptions.
• Communicating sensitively and confidentially.

For guidance on developing inclusive policies, see our article on Managing Equality and Diversity in the Workplace.

3. Reasonable Adjustments: No ‘One Size Fits All’

The group emphasised that reasonable adjustments vary from person to person. Examples discussed included:

• Allowing extra time for tasks.
• Offering different paper formats or coloured overlays.
• Providing tools like Grammarly for written work.
• Creating quiet spaces or reducing noise and glare.
• Flexible working arrangements, such as remote work or structured workflows.

Finding the right balance can be challenging. Employers must weigh the needs of the individual against operational requirements, ensuring adjustments remain practical and proportionate.

4. Pre-Employment Questionnaires: Helpful or Harmful?

Pre-employment health questionnaires were debated. While they can help identify support needs early, they may also deter candidates from applying. The consensus was that questionnaires should be optional, transparent, and framed positively to encourage disclosure.

5. Late Diagnoses and Ongoing Support

Many employees receive a diagnosis later in life, often after struggling silently for years. HR teams should be prepared to manage this transition with empathy, offering access to occupational health assessments and tailored support plans.

6. Cultural and Generational Shifts

Awareness of neurodiversity has grown due to cultural and generational changes. Younger employees are more likely to seek formal assessments, while self-diagnosis is on the rise. Employers should recognise these trends and provide guidance for those navigating the diagnostic process.

7. Impact on Communication and Performance

Neurodiverse conditions can affect:

• Communication styles.
• Concentration and executive functioning.
• Sensory processing and social interaction.

Policies, recruitment practices, and performance management frameworks must adapt to reflect these differences.

Practical Steps for HR: Supporting Neurodiversity and Disability in the Workplace

Attendees shared actionable strategies for creating a neurodiversity-friendly workplace:

• Review policies to ensure recruitment, onboarding, grievance, and disciplinary processes accommodate neurodiverse needs.
• Make environmental adjustments such as improving lighting, reducing noise, and creating quiet spaces.
• Offer flexible working options, including remote work, flexible hours, and structured workflows.
• Partner with occupational health specialists who understand both physical and mental health. Independent charities often struggle to provide these services, so collaboration is key.
• Adjust disciplinary procedures to avoid disadvantaging neurodiverse employees. The recent Wetherspoons case highlighted the risks of failing to do so – read more in our article on Disciplinary Procedures and Disability.

Why This Matters Now

Neurodiversity has always existed, but awareness is driving change. Employers who embrace inclusivity not only comply with the law but also unlock the potential of talented individuals who think differently. As one attendee noted

“These practices should have been in place years ago.”

Final Thoughts

Creating a neurodiverse-friendly workplace is not about ticking boxes, it’s about building an environment where everyone can thrive. HR professionals are at the forefront of this change, shaping policies and practices that reflect the diverse ways people work and succeed.

If you need advice on reasonable adjustments, employment law compliance, or developing inclusive policies, our Employment Law team is here to help. Contact us today.

About the Author

Umeshika joined Machins Solicitors as a paralegal in the Employment Team in October 2025. A First-Class Law graduate from the University of Kent, she brings strong academic credentials and practical experience from a vacation scheme and volunteering at Kent Law Clinic. Umeshika is passionate about law and committed to a client-focused approach as she builds her legal career