UK employers are facing more tribunal disputes involving ADHD, autism and other neurodivergent conditions as diagnosis and awareness increase. Lawyers say many cases arise because disciplinary and performance procedures fail to account for communication differences or support needs.
Former Lidl deputy store manager Ryan Toghill was awarded £45,147 after an employment tribunal found that the retailer had not properly considered his ADHD during a disciplinary process. Toghill had been dismissed for gross misconduct after using equipment he was not trained or authorised to operate.
Tribunal Found Disciplinary Process Put Worker at a Disadvantage
Toghill disclosed his ADHD diagnosis before the disciplinary hearing. The condition affected his concentration, ability to process questions and outward emotional responses, according to the tribunal judgment.
A manager interpreted his behaviour as showing insufficient remorse, but the tribunal found that his flat tone and facial expressions were linked to his communication differences. It also ruled that reasonable adjustments, such as additional breaks during the hearing, had not been considered.
His claims for unfair dismissal and wrongful dismissal succeeded, while part of his complaint about Lidl’s failure to make reasonable adjustments was upheld. Lidl said it was committed to providing workers with appropriate communication, adjustments and support.
Cases Mentioning Neurodivergence Have Nearly Doubled
An analysis by Irwin Mitchell identified 517 published employment tribunal cases mentioning neurodivergent conditions in 2025, compared with 265 in 2020. Autism and ADHD were the most frequently cited conditions.
The figures come from an online judgments database and do not represent complete official tribunal statistics. However, employment lawyers say they are receiving more enquiries from workers who believe managers ignored possible disabilities, demanded formal diagnoses or began dismissal procedures before considering adjustments.
Under the Equality Act 2010, a neurodivergent condition may qualify as a disability when it has a substantial and long-term negative effect on normal daily activities. A formal diagnosis is not always required, but an employer must know, or reasonably be expected to know, about the disability before some legal duties apply.
Higher Awareness Has Not Removed Underdiagnosis
Recorded ADHD diagnoses have risen substantially, but researchers say the condition may remain underdiagnosed. A 2026 study found that 1.19% of people in England had an ADHD diagnosis in their primary-care record, below international prevalence estimates of between 3% and 5%.
Research from King’s College London has also estimated that between 89% and 97% of autistic adults aged over 40 in the UK may be undiagnosed.
Employers are not required to accept every requested adjustment. Tribunals consider factors including effectiveness, cost, practicality, the employee’s role and the size and resources of the organisation.
Changes taking effect on January 1, 2027 will reduce the qualifying period for ordinary unfair dismissal protection from two years to six months. Acas guidance says the reform will require employers to make earlier and better-documented decisions about performance, conduct and workplace support.
Featured image credits: Magnific.com
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