Neurodiversity in the workplace

Debenhams Ottaway’s Employment team discuss the importance of embracing neurodiversity and creating supportive, equitable workplaces.

Recent research indicates that the prevalence of neurodiversity in the global population is estimated to be about 15%-20%. While figures show that unemployment among neurodivergent people in the UK – particularly autistic adults – reaches approximately 69%, reflecting persistent structural barriers to work. These figures reveal not only a systemic failure towards neurodiverse people in society, but also a missed opportunity for the global economy.

Celebrating neurodiversity means recognising differences in how people think, learn and process information. It also means changing working practices to remove barriers and give individuals the ability to operate at their full potential.

Employers who take the time to understand individual needs, not just legal obligations, create workplaces where neurodivergent colleagues can thrive and contribute their strengths with confidence. Clear communication, tailored adjustments and proactive support reduce conflict, strengthen trust and ensure that the rights of neurodivergent individuals are properly protected under the Equality Act.

Why Neurodiversity matters in the workplace

Under the Equality Act 2010, neurodivergent conditions can qualify as disabilities where they have a substantial and long-term impact on a person’s ability to carry out daily activities, like processing information, time management or answering phone calls. Examples of neurodivergence include autism, ADHD, dyslexia, dyspraxia. Employers have a legal duty towards employees with a disability to make reasonable adjustments for them in the workplace. Additionally, employers must not treat employees less favourably on the grounds of their disability. Recent Employment Tribunal cases reinforce that employers should take proactive steps to understand individual needs and remove barriers in the workplace. For employees, understanding these rights is equally important; especially when navigating requests for adjustments, performance processes, recruitment, or workplace policies.

Examples of reasonable adjustments which ACAS have provided include breaking work into smaller tasks for an employee and allowing the employee to work from home. However, employers should note that adjustments are not ‘one-size-fits-all’ and focus should be placed on whether any potential adjustment actually removes or reduces the disadvantage in practice. For example, employers should consider arranging for an employee to trial a new adjustment to assess its effectiveness. ACAS suggests employers should not make assumptions about what adjustments a disabled person requires, such as how they might prefer to receive information. Every person is different, so employers should communicate with each individual employee to try to understand their particular needs.

A more inclusive future

Taking meaningful steps to create workplaces that recognise and support all minds is every employer’s responsibility. If you would like to improve inclusion in your company of if you would like advice regarding how to ask for adjustments related to neurodivergence, our employment law team is on hand to offer actionable advice.

How Debenhams Ottaway can help

At Debenhams Ottaway, our Employment Law team supports both employers and employees in creating and maintaining fair, inclusive and legally compliant workplaces.

Legal advice related to neurodivergence for Employers

Debenhams Ottaway can help you:

• Review and create policies and procedures that not only comply with the Equality Act 2010, but enable you to attract and retain staff
• Understand your duties around reasonable adjustments and how to implement them effectively
• Manage employee relations matters involving neurodivergent employees, reducing the risk of disputes or claims and creating an inclusive, thriving workplace
• Ensure your employees are sufficiently trained to manage the needs neurodivergent teams and improve awareness of
• Review and support HR/ People teams to ensure your recruitment and talent acquisition processes and policies are compliant with the Equality act 2010.

Legal advice related to neurodivergence for Employees

Our team can help ensure your rights are protected and that you are treated fairly at work.
Speak to our employment law experts if you:

• Need guidance on requesting reasonable adjustments
• Have concerns about workplace treatment, discrimination, or harassment
• Are navigating capability, performance, or disciplinary procedures influenced by neurodivergent traits.