Neurodiversity tribunal claims surge 79% as employers grapple with 'reasonable adjustments'

Disability discrimination claims at UK employment tribunals have jumped 79 per cent in a year, driven largely by cases involving neurodivergent staff. Data from law firm Littler shows claims rose from 2,272 in the final quarter of 2024/25 to 4,056 in the same period of 2025/26, reflecting a workplace shift that has left many employers uncertain about their legal obligations.

The surge coincides with a cultural shift in how conditions such as autism, ADHD, anxiety and Tourette's are understood. A Deloitte survey last year found 53 per cent of Gen Z respondents now self-identify as neurodivergent, often without a formal medical diagnosis. Under the Equality Act 2010, a diagnosis is not required to bring a disability discrimination claim, meaning employers cannot plead ignorance when an employee's needs are not met.

Hidden conditions, visible consequences

"We are seeing a significant rise in tribunal cases where ADHD or autism are referenced in disability discrimination complaints," said Lisa Coleman, senior associate at Littler. "Employers are still grappling with the right thing to say or do for their neurodiverse employees."

The stakes were illustrated in December when a tribunal ruled in favour of an employee at communications firm Genesis PR. The judge found that labelling the staff member, who has ADHD, as "disorganised" violated her dignity. Such rulings underscore that even well-intentioned language can trigger liability.

Many businesses are keen to support neurodiverse employees, but there is no universal solution. An adjustment that works extremely well for one individual may be ineffective or even counterproductive for another.

Clare Brennan, partner at Hunters Law, said the challenge is rarely a lack of willingness but the difficulty of identifying appropriate support while balancing the needs of the individual, colleagues and the business. Robert Turner, senior associate at Lawrence Stephens, added that flexibility and open dialogue are essential, particularly because employees may not fully understand their own support needs.

Multiple claims and the AI factor

Complicating matters further, neurodivergent employees often experience co-occurring conditions such as anxiety or depression, opening the door to multiple simultaneous claims. Legal experts also warn that the Employment Rights Act and the growing use of AI tools to draft tribunal submissions have lowered the barrier to filing, potentially encouraging speculative claims.

For now, the message from employment lawyers is clear: rigid policies are a liability. Employers who treat reasonable adjustments as an ongoing conversation, rather than a compliance checkbox, stand the best chance of avoiding the tribunal queue.