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Neurodiversity and the Equality Act: What Every Employer Should Know
3 Minute Read
3 Minute Read

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

  1. 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.

  2. 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.

  3. 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!

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