£4.5 Million Penalty: The Cost of Getting Neurodiversity Wrong in UK Workplaces
- kernowpsychiatry
- Aug 28, 2025
- 5 min read
The UK's neurodivergent workforce represents an untapped goldmine of talent, creativity, and problem-solving capability. Yet too many employers are missing out on this potential due to outdated workplace practices and a lack of understanding about neurodivergent conditions like ADHD and autism. More importantly, they may be falling foul of their legal obligations under the Equality Act 2010.
The Legal Landscape: Your Duty of Care
Under the Equality Act 2010, ADHD and autism are recognised as disabilities when they have a substantial and long-term adverse effect on someone's ability to carry out normal day-to-day activities. This means UK employers have a legal duty to make reasonable adjustments to avoid putting neurodivergent employees at a substantial disadvantage.
The duty applies whether someone discloses their condition during recruitment or after starting work. Crucially, employers cannot ask about health conditions during interviews, but once someone is employed and discloses a neurodivergent condition, the legal obligation kicks in immediately.
Recent legal developments underscore the severity of getting this wrong. ADHD-related tribunal claims have surged by 750% since 2020, rising from six cases in the first half of 2020 to 51 in the first half of 2025, while disability discrimination cases referred to ACAS have risen by 41% year-on-year, from 8,946 in 2023-2024 to 11,958 in 2024-2025. Most strikingly, the Employment Tribunal recently awarded £4.5 million compensation in Wright-Turner v London Borough of Hammersmith and Fulham—believed to be the largest award in a public sector disability discrimination case—where an employee with ADHD and PTSD was dismissed after her probationary period was improperly extended due to disability-related absence.
Key legal requirements include:
Making reasonable adjustments to workplace practices and physical features
Providing auxiliary aids where needed
Not treating someone unfavourably because of something arising from their disability
Protecting against harassment and discrimination
The Wright-Turner case serves as a stark reminder that the costs of discrimination extend far beyond financial compensation. The tribunal found that the council had deliberately misled both the employee and the tribunal by backdating letters, demonstrating how discrimination cases can severely damage an organisation's reputation and credibility. When employers fail to provide proper support and reasonable adjustments, the consequences can be career-ending for the employee and financially devastating for the employer.
The Business Case: Beyond Compliance
Legal compliance aside, there's a compelling business case for embracing neurodivergent talent. Research consistently shows that neurodivergent employees often bring exceptional skills including:
Common ADHD strengths:
Creative problem-solving and innovative thinking
Hyperfocus abilities leading to deep expertise
High energy and enthusiasm for engaging projects
Ability to think outside conventional frameworks
Strong crisis management and adaptability skills
Common autistic strengths:
Exceptional attention to detail and accuracy
Strong analytical and systematic thinking
Reliable adherence to processes and procedures
Deep specialist knowledge in areas of interest
Honest, direct communication style
Companies like Microsoft, SAP, and JPMorgan Chase have developed specific neurodiversity hiring programmes, reporting significant improvements in productivity, innovation, and employee satisfaction across their entire workforce.
Practical Adjustments That Make a Real Difference
The beauty of reasonable adjustments for neurodivergent employees is that they're often simple, low-cost changes that can benefit all staff. Here are evidence-based adjustments that UK employers should consider:
Environmental Modifications
For sensory sensitivities (common in autism and ADHD):
Provide quiet workspaces away from high-traffic areas
Offer noise-cancelling headphones or access to quiet rooms
Adjust lighting (dimmer switches, natural light options)
Allow flexible seating arrangements
Create sensory-friendly meeting spaces
For focus and attention:
Minimise visual distractions in workspaces
Provide privacy screens or partitions
Allow personalisation of workspace within reason
Consider hot-desking alternatives for those who need consistency
Communication and Management Adjustments
Clear, structured communication:
Provide written instructions alongside verbal briefings
Use bullet points and numbered lists for complex tasks
Set clear deadlines with advance notice of changes
Offer regular, scheduled check-ins rather than ad-hoc meetings
Explain the 'why' behind tasks and decisions
Management style adaptations:
Focus on outcomes rather than rigid working methods
Provide specific, constructive feedback
Break large projects into smaller, manageable chunks
Allow processing time for complex information
Recognise different communication preferences
Flexible Working Arrangements
Time and schedule flexibility:
Flexible start and finish times to accommodate peak performance periods
Regular breaks throughout the day
Working from home options to reduce commuting stress
Compressed working weeks where operationally viable
Adjustment to meeting schedules (avoiding back-to-back meetings)
Task and role modifications:
Prioritising tasks that play to individual strengths
Reducing multitasking requirements where possible
Providing advance notice of schedule changes
Allowing for hyperfocus periods without interruption
Adjusting performance metrics to reflect neurodivergent working styles
Technology and Tools
Assistive technology:
Task management apps and digital calendars
Text-to-speech or speech-to-text software
Time management and reminder tools
Noise apps or background sound options
Visual scheduling and planning tools
Creating an Inclusive Recruitment Process
Adjustments shouldn't wait until after hiring. UK employers should review their recruitment processes to ensure they're accessible to neurodivergent candidates:
Provide detailed job descriptions with clear role expectations
Offer alternative interview formats (written responses, work samples, informal conversations)
Allow candidates to bring support persons or notes
Provide questions in advance where possible
Focus on skills demonstration rather than traditional interview techniques
Ensure recruitment panels understand neurodivergent presentations
Building Understanding Across Your Organisation
Creating a truly inclusive workplace requires cultural change, not just policy updates. Consider implementing:
Awareness training that covers:
Understanding neurodivergent conditions beyond stereotypes
Recognising different communication styles and needs
Creating psychologically safe spaces for disclosure
Building empathy without creating 'otherness'
Neurodiversity champions or employee resource groups that:
Provide peer support for neurodivergent employees
Advise management on policy and practice improvements
Help create a culture where difference is valued
Share success stories and best practices
The Disclosure Dilemma
Many neurodivergent individuals face difficult decisions about whether to disclose their conditions at work, often fearing stigma or career limitations. Employers can encourage disclosure by:
Creating clear, confidential disclosure processes
Training managers to respond appropriately to disclosures
Highlighting success stories (with permission) in company communications
Ensuring adjustment conversations focus on solutions, not limitations
Protecting employee confidentiality while facilitating necessary support
Cost Considerations: The Reality
One of the biggest myths about reasonable adjustments is that they're expensive. Access to Work research shows that the majority of adjustments cost less than £500, with many costing nothing at all. The government's Access to Work scheme can also provide funding support for more substantial adjustments.
Consider that the cost of replacing an employee typically ranges from £3,000 to £30,000, making retention through reasonable adjustments an extremely cost-effective investment.
Getting Started: A Practical Action Plan
Immediate actions:
Review current policies to ensure they don't inadvertently discriminate
Train HR and management teams on legal obligations and best practices
Audit physical workspaces for potential sensory issues
Establish clear, confidential disclosure and adjustment request processes
Medium-term goals:
Develop neurodiversity awareness training for all staff
Create flexible working policies that benefit everyone
Review recruitment processes for accessibility
Establish neurodiversity employee networks or champions
Long-term vision:
Build neurodiversity considerations into all workplace policies
Develop partnerships with neurodiversity employment organisations
Create mentorship programmes pairing neurodivergent employees with allies
Measure and celebrate neurodiversity outcomes in company reporting
The Way Forward
The conversation around neurodiversity in UK workplaces is shifting from charity to capability, from accommodation to advantage. Forward-thinking employers are recognising that creating truly inclusive workplaces isn't just about legal compliance—it's about accessing the full spectrum of human talent and innovation.
Every organisation has neurodivergent employees, whether they know it or not. The question isn't whether you employ neurodivergent people, but whether you're creating an environment where they can thrive, contribute, and succeed.
By embracing reasonable adjustments for ADHD and autism, UK employers can build stronger, more innovative teams while fulfilling their legal and moral obligations. The neurodivergent community represents a significant talent pool that's ready to contribute—the question is whether your organisation is ready to welcome them.

The time for action is now. Start small, think big, and remember that the adjustments that help neurodivergent employees often benefit everyone in your organisation. In creating workplaces that work for neurodivergent minds, we create better workplaces for all minds.



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