Dear Reader, This week brought sobering news that perfectly illustrates why proactive neurodiversity inclusion isn't just good practice - it's essential risk management. Analysis from law firm Irwin Mitchell reveals a dramatic surge in employment tribunal decisions involving neurodivergent conditions, with some statistics that should make every HR leader take notice. These numbers tell a story about more than just legal claims. They reveal what happens when workplace inclusion remains theoretical rather than practical, when policies exist on paper but not in practice.

---

What's the data saying?

The statistics from the Ministry of Justice data are stark: ADHD-related employment tribunal decisions rose from just 6 in the first half of 2020 to 51 in the first half of 2025—a staggering 750% increase. This isn't an isolated trend:

• Autism-related decisions nearly doubled (96.3% increase, from 27 to 53 cases)
• Dyslexia cases rose by 78.4% (from 37 to 66)
• Dyspraxia saw a 175% increase (from 4 to 11 cases)

As employment law expert Jenny Arrowsmith notes: "This data underscores the importance of inclusive workplace practices and the legal risks employers face if they fail to make reasonable adjustments to enable neurodiverse employees to thrive at work."

But here's what the statistics really represent: these aren't just legal cases—they're workplace relationships that have broken down so completely that people felt they had no option but to pursue formal legal action. Each tribunal decision represents months or years of an individual feeling unsupported, discriminated against, or fundamentally misunderstood in their workplace.

The trend reflects both increased diagnosis rates and, crucially, greater employee confidence in asserting their rights. People are no longer willing to suffer in silence or accept discrimination as inevitable.

​Sharp Rise In Neurodiversity Related Employment Tribunal Claims​

---

Stories from the workplace

Behind every tribunal statistic is a human story, and the recent Capgemini case provides a textbook example of how workplace relationships can deteriorate when neurodiversity support fails.

A cloud technologist with over 25 years' experience and a £120,000 salary joined Capgemini in June 2023. Her ADHD affected her performance "when tasks or objectives are ambiguous" as she tended to "over-complicate them." During probation, she was set multiple tasks with tight deadlines requiring her to multitask, exactly the conditions that would disadvantage someone with her neurotype.

The breakdown began when she requested to reduce the topics in a presentation or postpone it, emailing her manager at 2am the night before. When told to give an overview instead, she cancelled the meeting entirely. Her manager's response: "This gives the impression that it has not been treated seriously and/or managed properly."

After disclosing her ADHD diagnosis, the individual had an occupational health assessment which recommended ADHD awareness training for up to 15 colleagues and managers. This training aimed to provide "practical knowledge and skills to create an inclusive and supportive workplace environment for individuals with neurodivergent conditions."

But here's where it went wrong: when it was suggested that her manager attend the training with her, he didn't respond. The recommended adjustments were never implemented. She took sick leave, inquired about changing roles, and eventually raised a formal grievance. By then, relationships had deteriorated beyond repair, and she was dismissed in February 2024.

The employment tribunal found Capgemini's failure to provide the recommended ADHD training constituted a failure to make reasonable adjustments. Judge Tim Adkin noted there was "some prospect of such training helping her colleagues to understand how better to work with her and ameliorating the disadvantage suffered by her because of multitasking and deadlines."

What makes this case particularly tragic is how preventable it was. Simple ADHD awareness training for managers and colleagues, clearer task objectives, and more flexible deadlines could have transformed the outcome. Instead, what started as adjustment requests became a costly legal battle that damaged everyone involved.

​Neurodiversity case exposes nuance in reasonable adjustments - Personnel Today​

---

---

One change for immediate action

Conduct a "tribunal prevention audit" of your current neurodiversity support systems. Ask yourself these critical questions:

Policy to Practice Gap:

• Do you have neurodiversity policies that managers actually know how to implement?
• Can employees easily access adjustment requests, or do they face bureaucratic obstacles?
• How long does it typically take from an adjustment request to implementation?

Manager Capability:

• Have your managers received specific training on supporting neurodivergent employees?
• Do they know how to have constructive conversations about workplace adjustments?
• Can they recognise when someone might be struggling due to unmet needs?

Early Warning Systems:

• How do you identify when workplace relationships are deteriorating?
• What support is available before situations reach the formal grievance stage?
• Do you track patterns in adjustment requests and workplace conflicts?

Documentation and Communication:

• Are adjustment agreements clearly documented and regularly reviewed?
• How do you ensure consistency when managers change or employees move roles?
• Is there a clear escalation when initial adjustments aren't working?

The goal isn't to avoid legal claims by being defensive; it's to create genuinely inclusive environments where tribunal cases become unnecessary because people feel supported from day one.

Remember: every tribunal decision represents a failure of workplace inclusion long before it becomes a legal issue.

---

And finally, a question for you?

Looking at your organisation honestly, where do you think the biggest gaps exist between neurodiversity policy and practice? What early warning signs might indicate when support systems are failing?

Hit reply and share your thoughts - after seeing these tribunal statistics, I'm particularly interested in what preventive measures you think would be most effective

See you next week!

Tania

---

FIVE ways you can work with me: ​ Neuro-inclusive Recruitment Audit: Understand what practical steps you can take to ensure your recruitment process is inclusive for all. Training: From line managers to leaders, global HR teams to recruitment, awareness sessions to champion training. Consultancy: Policy writing, process redesign, reviewing neurodiversity materials, data, ERG launches - anything neurodiversity at work related! Coaching: One-to-one coaching to help support an individual navigate the world of work as someone who is neurodivergent Speaking: From a fireside chat to a keynote, podcast guest to panellist ​ Reply to this email to find out more!

Do you know someone who might enjoy this newsletter? They can sign up here: Get Newsletter