What Every Employer Needs to Know about Neurodiversity and the Equality Act 2010
Neurodiversity is becoming an increasingly prominent part of the diversity and inclusion conversation in the UK workplace. It refers to the natural differences in how people think, learn and process the world, including conditions such as autism, ADHD, dyslexia, dyspraxia, and Tourette’s. While these differences can present challenges, they can also bring enormous strengths when supported correctly. Yet despite growing awareness, many employers remain unclear on what the law requires of them regarding neurodiversity and the Equality Act 2010.
This article will explain what employers must know about neurodiversity and the Equality Act 2010, the rights neurodivergent employees hold, and the responsibilities employers have. It will also explore why supporting neurodiversity is more than just a legal necessity, it is a strategic opportunity to build a more inclusive, innovative and high-performing workforce.
Understanding Neurodiversity and Disability
Under the Equality Act 2010, most neurodivergent conditions are considered disabilities if they have a “substantial” and “long-term” impact on a person’s ability to carry out normal day-to-day activities. That includes autism, ADHD, dyslexia, dyspraxia, and other cognitive differences.
Importantly, individuals do not need a formal diagnosis to be protected under the Act. If an employer knows, or could reasonably be expected to know, that a person has a disability, they are legally obligated to take action , even if the employee hasn’t explicitly disclosed their condition. This means support cannot be withheld just because someone lacks a piece of paper.
Estimates suggest that around 15-20% of the UK population is neurodivergent, equating to roughly 13 million people. Yet many employers still operate on a reactive basis, waiting for employees to disclose a condition, rather than proactively designing neuroinclusive environments. This approach not only increases legal risk, but leaves a large portion of the workforce unsupported.
The Equality Act and Employer Responsibilities
The Equality Act 2010 provides a robust legal framework to protect neurodivergent individuals in the workplace, ensuring they are not discriminated against or harassed.
Key Employer Responsibilities Under the Equality Act:
- Non-discrimination: Employers cannot discriminate against neurodivergent employees in recruitment, training, promotion, or dismissal. This extends to all aspects of employment, from hiring to termination.
Reasonable adjustments: Employers are required to make reasonable adjustments to remove barriers that could disadvantage neurodivergent employees. This may include flexible working hours, providing assistive technology, offering alternative communication methods, or ensuring the workplace is sensory-friendly.
Preventing harassment: Employers must take steps to prevent harassment or bullying based on neurological differences. A zero-tolerance approach to such behaviour fosters a supportive and inclusive environment.
Policy inclusivity: Policies and practices must be designed to avoid inadvertently disadvantaging neurodivergent employees. A review of current practices, from recruitment to workplace culture, can help identify potential issues.
1 in 5
neurodivergent employees experienced harassment or discrimination due to their neurodivergence.
The Equality Act and “Reasonable Adjustments“
An essential component of neurodiversity and the Equality Act 2010 is the duty to make “reasonable adjustments.” The aim of these adjustments is to remove any disadvantages that neurodivergent employees may face in the workplace, ensuring they have equal access to opportunities and a fair chance to succeed.
For example:
Flexible Working: Adjusting working hours or allowing remote working can accommodate employees who struggle with traditional office hours or sensory overload.
- Workplace Environment: Offering noise-cancelling headphones, adjusting lighting, or providing quiet spaces can help those who are sensitive to sensory stimuli.
- Assistive Technology: Tools like screen readers, speech-to-text software, and organisational apps can assist employees who experience challenges with reading, writing, or organising tasks.
Employers are expected to make these adjustments where they are reasonable, but there is no legal obligation to provide adjustments that would cause “undue hardship” to the employer. However, it is important to note that failing to provide reasonable adjustments can open businesses up to potential legal claims, as seen in numerous tribunal cases.
You Can’t Afford to Wait for Disclosure
One of the most common mistakes employers make is assuming their duty to act only arises after an employee discloses a condition. The Equality Act 2010 recognises “constructive knowledge“, which implies that employers could reasonably suspect disability, if there are signs or patterns that support this.
For example, an employee consistently misses deadlines, struggles with organisation, and appears anxious, but hasn’t disclosed a condition. If the employer notices these signs, such as difficulty with focus or time management, they may have “constructive knowledge” of a neurodivergent condition (e.g., ADHD). The employer is then legally required to offer support, like flexible deadlines or assistive tools, even if the employee hasn’t asked for help.
Given that over 70% of neurodivergent people have experienced mental health challenges due to lack of workplace support, many choose not to disclose at all. This means inclusive practice must be built into the fabric of your organisation, not reserved for those who ask. It’s essential for employers to create a culture of openness and proactive support, where employees feel safe and empowered to seek help without fear of stigma or discrimination.
Why This Matters
1.
Employers Legal Obligation
Failure to accommodate neurodivergent staff puts organisations at risk of tribunal claims, financial penalties, and reputational damage. The legal obligation is clear, and proactive adjustments can prevent costly legal disputes.
2.
Foster Psychological Safety
- Creating a safe and supportive environment is the right thing to do. Neurodivergent employees face stigma, isolation, and burnout at disproportionate rates. Workplaces can either amplify these challenges or help address them. By offering support, employers can create a more inclusive, compassionate work environment that values every individual.
3.
Strategic Advantage
- Neurodivergent individuals bring exceptional strengths, from attention to detail to innovative thinking. Teams that include neurodivergent professionals are 30% more productive on average, with many companies reporting higher retention, quality, and creativity. Embracing neurodiversity not only supports employees but also enhances overall business performance.
Building a Neuroinclusive Workplace
So what does good practice look like?
Audit Your Environment
Regularly assess your policies, practices, and workplace culture to identify potential barriers or biases that could disadvantage neurodivergent employees. Look at recruitment processes, training programs, and career progression.
Offer Adjustments Proactively
Rather than waiting for employees to request adjustments, offer them proactively. Create an environment where employees can opt into support without the need for formal disclosure, fostering a culture of trust and inclusivity.
Train Your Teams
Ensure that all levels of your organisation, especially managers and HR teams, understand neurodiversity, the legal duties under the Equality Act, and inclusive communication. Training should be an ongoing process to reinforce the importance of inclusion.
Normalise Difference
Rather than seeing neurodivergent traits as a problem to be fixed, create a culture where cognitive diversity is celebrated. Encouraging diverse thinking can help businesses thrive in an increasingly complex and globalised world.
In the public sector, this is underpinned by the Public Sector Equality Duty. However, the principles of neurodiversity and the Equality Act extend to private enterprises as well, where the benefits of inclusivity are equally apparent. Inclusion drives engagement, innovation, and performance, making it a key driver of business success.
Improve Decision Making
Diverse teams, including neurodivergent individuals, make better decisions 87% of the time.
Enhance Employee Wellbeing
63% of employers who adopted neuroinclusive measures saw improved employee wellbeing.
Increase Work Performance
Neuroinclusive organisations report a 45% increase in business performance.
Moving Beyond Compliance
Supporting neurodiversity is not just a legal requirement; it is a strategic imperative. With roughly 1 in 5 people affected, the question is no longer whether your organisation will work with neurodivergent individuals, but how well it will support them. The Equality Act provides a framework, but the true value comes when businesses go beyond compliance to create genuinely inclusive environments, environments where neurodivergent individuals can thrive, contribute, and lead.
It’s time for organisations to stop viewing neurodiversity as simply a DEI initiative or treating workplace adjustments as an employee benefit. The reality is that approximately 20% of your organisation will be neurodivergent. Offering one-off training, awareness events, or ad-hoc reasonable adjustments won’t be enough to truly support neurodivergent employees. Instead, organisations need to provide full, consistent support without waiting for disclosure. Neuroinclusion should be embedded into the heart of your policy and procedure framework. Managers and leaders must be trained not only on how to support neurodivergent employees but also on how to advocate for neurodiversity as a fundamental part of your organisation’s culture.
The law may require reasonable adjustments, but the future belongs to employers who make inclusion the standard, not the exception. Creating a neuroinclusive workplace not only helps your organisation comply with the law, but it also positions you as an employer of choice for talented, diverse employees. The time to act is now.
the future of work is here
Ready to Move Beyond Awareness?
Let’s turn good intention into measurable, sustainable change.
