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Tackling The Increase In ADHD-Related Tribunal Claims

Neurodiversity is rising and so are tribunal claims. It’s no coincidence.

ADHD and other neurodiverse conditions are firmly in the workplace spotlight. With visibility comes an increase in employment tribunal claims.

UK tribunal data shows ADHD-related cases alone increased by 750% between 2020 and 2025. That’s a 750% increase. Wow.

Overall, neurodiversity discrimination claims have nearly doubled over five years, hitting record highs in 2025. This is a huge culture shift. (Irwin Mitchell, 2025)

Awareness is up. Expectations are higher.

As understanding of neurodiversity grows, employees are increasingly recognising when something isn’t right. What might have been brushed off five years ago as a lack of clarity, rigid processes or poor communication, is now being challenged.

Rightly so.

There’s also a legal reality to consider. Under the Equality Act, employers have a duty to make reasonable adjustments. When that doesn’t happen, the risk extends beyond disengagement to become litigation.

The uncomfortable truth

There’s another harsh reality to consider. Despite all the talk of inclusive workplaces, a significant proportion of managers still don’t feel confident supporting neurodivergent employees. (Legal Futures, 2026) The gaping hole between policy and practice is where problems start.

At Heneom HR, we often see:

  • Vague instructions that leave employees struggling.
  • Performance issues handled without context.
  • Adjustments delayed, denied or misunderstood.

‘None of this is usually malicious, however intent doesn’t protect you in a tribunal,’ says Emma Clack of Heneom HR based near Welwyn and Stevenage. ‘It’s important to adjust practices and work with neurodivergent employees appropriately rather than waiting for a tribunal case to emerge.’

This is a people problem.

Forward-thinking organisations are redesigning how they work. This is crucial as an estimated 20% of UK adults are neurodivergent. This is a potentially enormous number of workers who may not be getting the support they need. (Acas, 2025)

‘Neurodivergent employees are not “special cases”,’ adds Emma. ‘Your organisation needs to consider how it communicates, manages performance and supports different ways of thinking throughout the business.’

Actions for employers

The organisations taking control are being proactive rather than waiting for grievances to emerge. They’re listening rather than assuming, leading to:

  • Training managers to have better, clearer conversations.
  • Embedding flexibility into roles, not bolting it on later.
  • Treating adjustments as productivity tools, not compliance tasks.
  • Creating environments where disclosure feels safe — not risky.

The reality

Workforces are more aware, more vocal and less willing to accept outdated ways of working. The result? More grievances and tribunal cases.

HR leaders need to create and nurture workplaces where everyone can do their best work. They need to get neurodiversity at work right.

Does your workplace support neurodiversity?

Have you considered reasonable adjustments to support neurodivergent colleagues?

Are your managers trained and confident in conversations about neurodiversity?

Talk to the team at Heneom HR. We’ll support you every step of the way. Start with an initial discussion without obligation. We’re here to help.

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Heneom HR is the trading name of Emma Clack. CIPD qualified with over 10 years experience. Content © 2026 Heneom HR. All rights reserved.

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