A woman has won a tribunal case against her employer on the grounds of ADHD discrimination, in a ruling that comes amid a 35 percent rise in UK workers with learning difficulties or mental health conditions since the pandemic.
Observers say the outcome has implications for HR teams as the neurodivergent workforce continues to grow.
The Employment Tribunal found after a hearing in July that global consultancy Capgemini had discriminated against IT executive Bahar Khorram during her probation period by failing to provide neurodiversity awareness training, as recommended.
Khorram told the tribunal that after beginning to struggle with tasks at work, she asked for support but did not receive the help she needed. “I was trying to avoid taking the legal route because I really liked the company. This was my dream job. I loved it. And I knew I could do it,” she said.
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“But when I realised that I couldn’t, I was experiencing anxiety. I started losing a lot of weight. I went to the doctor. And I sat there, and I burst into tears, and he said, ‘You are depressed, and you have anxiety.’”
Capgemini issued a statement in response, saying the company was “deeply committed to building a truly inclusive and diverse workplace, where everyone feels valued and respected. We continuously strengthen our culture of inclusion through employee networks, training, and open dialogue, ensuring that every voice is heard. We don’t comment on specific employees”.
Sharp rise in neurodivergent employees
Official figures show that since the pandemic, the number of people in work with disabilities or long-term health conditions in the UK has risen by 21 percent. The number of workers with learning difficulties or mental conditions such as ADHD has increased by 35 percent over the same period.
Much of the increase is driven by late diagnoses in adulthood, particularly among women, who were historically underdiagnosed in childhood. It’s also reflected in the younger population: the number of disabled children with ADHD as their primary condition has grown from 38,000 in 2013 to 66,000 in 2023, figures from the Office for Budget Responsibility show.
NHS data suggests that more than 800,000 people in England now have a formal ADHD diagnosis, but estimates suggest as many as 2.5 million may be living with the condition. A significant number remain undiagnosed or are on lengthy waiting lists for assessment.
Legal and operational risk for employers
While not every case of ADHD qualifies as a disability under the Equality Act 2010, observers say the tribunal ruling demonstrates how failure to provide reasonable adjustments can amount to unlawful discrimination. HR professionals must ensure that staff with neurodivergent conditions are not disadvantaged at work.
Common workplace challenges associated with ADHD include difficulties with concentration, working memory, organisation and transitioning between tasks. But with the right adjustments and support, many people with ADHD can excel in roles that value creativity, focus, and fast-paced thinking.
Employment lawyers report an increase in the number of individuals raising concerns about how their conditions are handled at work. Since the pandemic, there has been a noticeable rise in tribunal claims and employer enquiries relating to neurodivergence, signalling the need for urgent HR review.
Practical steps HR departments can take
As the number of neurodivergent employees increases, HR departments are being encouraged to adopt specific practices that support inclusion and compliance. Leading HR guidance recommends the following:
- Provide training for managers and leadership teams on ADHD, autism and related conditions. Awareness training helps prevent unconscious bias and fosters an inclusive culture.
- Offer flexible working arrangements, such as staggered hours, hybrid roles, or altered break times to reduce overstimulation and fatigue.
- Adapt recruitment processes by offering interview questions in advance, allowing additional time for assessments, and offering alternatives to traditional formats.
- Introduce quiet workspaces, noise-cancelling equipment or flexible desk arrangements to accommodate sensory sensitivities.
- Use written follow-ups and task lists, helping employees who struggle with verbal instructions or working memory.
- Create neurodivergent employee networks or peer support groups to encourage open dialogue and representation.
- Update policies to include neurodiversity explicitly, and ensure that reasonable adjustments procedures are clearly communicated and easy to access.
- Match people to their strengths, where possible, and focus on what employees can do rather than what they find difficult.
- Encourage disclosure without pressure, and maintain confidentiality for all employees who seek adjustments.
These interventions can help reduce absenteeism, improve retention and boost engagement across diverse teams. Many employers report that adjustments made for neurodivergent workers end up benefiting the wider workforce.
More than compliance
Beyond legal risk, employers who fail to act may lose out on valuable talent. Research from private sector schemes has shown that neurodivergent employees can outperform in specific roles when given the right environment. Some companies report measurable gains in productivity and innovation after introducing neuroinclusive programmes.
Despite growing awareness, a gap remains between rhetoric and action. Many businesses have neurodiversity statements in place but lack practical frameworks or trained staff to implement support consistently.
As workforce demographics change, HR teams must prioritise proactive adjustments, transparent processes and inclusive leadership to remain compliant, and competitive.
