Neurodiversity isn’t a trend – it’s a reality in every workplace. From autism and ADHD to dyslexia and dyspraxia, neurodivergent individuals make up an estimated 15-20% of the population.
But many employers still don’t understand their legal responsibilities under the Equality Act 2010. So, let’s unpack what the law says – and what smart employers should do beyond the minimum.
What Does the Equality Act Say?
Under the Equality Act 2010, “disability” is a protected characteristic. That includes long-term neurodevelopmental conditions if they have a substantial, adverse, and long-term effect on a person’s ability to carry out normal day-to-day activities.
Translation: if your workplace policies, tech, or management style make life unnecessarily difficult for neurodivergent staff – and you don’t make reasonable adjustments – you could be discriminating without realising it.
3 Common Employer Mistakes
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Assuming “invisible” means irrelevant
Just because someone isn’t visibly disabled doesn’t mean they don’t need support. Many neurodivergent employees mask their challenges, especially in environments where awareness is low.
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Rigid performance processes
Timed tasks, little support, or vague feedback structures can unintentionally filter out great neurodiverse talent. These aren’t just ineffective – they can be discriminatory.
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Treating neurodiversity as a ‘one-size-fits-all’ issue
Autism is not ADHD. Dyslexia is not dyspraxia. Every adjustment should be individualised, not tick-box.
What Counts as a “Reasonable Adjustment”?
- Clear written instructions instead of verbal – only briefings
- Alternatives to team – building activities that involve sensory overload
- Accommodations like sending questions in advance of performance reviews
Remember: what’s “reasonable” depends on the size and resources of your business – but doing nothing is rarely a good look in court.
Don’t Wait for a Tribunal Claim to Realise Your Team Isn’t Equipped
Our Anti-Discrimination e-learning course is:
- CPD-certified
- Written by award-winning lawyers, designed for the real world
- Tribunal-proof – shows you’ve taken all reasonable steps
- Completed in under 45 minutes
Start training your team today for just £29 per learner. Book a demo now!