Building a Neuroinclusive Workplace: What HR Leaders Must Do to Reduce Tribunal Exposure
Recent tribunal rulings highlight the importance of supporting neurodiverse employees in the workplace. Failure to implement reasonable adjustments, such as ADHD-awareness training, can expose employers to costly discrimination claims. This guide explores what employers must do to reduce their tribunal risk – and how HR Matters can help through our FREE HR Health Check.
Why This Matters Right Now
• ADHD and other neurodivergent conditions are on the rise. Since the pandemic, the number of employees with disabilities or long-term health conditions has increased by 21%, including a 35% increase in ADHD diagnoses.• Employment law is evolving. Tribunal rulings against major firms like Capgemini demonstrate that failing to provide neurodiversity training or adjustments is no longer tolerated by courts.
Case Spotlight: Capgemini v Bahar Khorram
In Employment Tribunal Case No. 6004705/2024, the tribunal found that Capgemini failed to provide ADHD and neurodiversity awareness training despite occupational health recommendations. The tribunal ruled this was direct discrimination and a breach of the Equality Act 2010. This demonstrates how important it is for employers to act promptly on occupational health advice.
Full judgment: https://assets.publishing.service.gov.uk/media/6878baa6a52cca025ef5bda2/Ms_Bahar_Khorram_v_Capgemini_UK_Plc-_6004705-2024.pdf
Other Recent Cases
• An executive at Gitpod dismissed after a team-building incident won her claim when the tribunal found her ADHD was not properly considered.• Even a manager sighing at an ADHD employee was found to amount to discriminatory behaviour in a separate case.These cases show that tribunals are increasingly recognising ADHD as a disability, with broad obligations on employers.
HR Action Plan: Steps Employers Must Take
1. Introduce Neurodiversity & ADHD Awareness Training – Make this mandatory for managers and colleagues.2. Act on Occupational Health Recommendations – Always implement or document why not.3. Proactively Offer Reasonable Adjustments – Simple changes such as structured tasks, extended deadlines, and quiet workspaces.4. Train Leadership on Inclusive Communication – Avoid micro-aggressions and ensure feedback is supportive.5. Strengthen Policies on Support & Disclosure – Make it safe for employees to disclose disabilities.6. Continual Monitoring & Audits – Regularly review practices to ensure inclusion is embedded in workplace culture.
Protect Your Business with a FREE HR Health Check
At HR Matters, we offer a FREE HR Health Check to help employers identify gaps in compliance and reduce tribunal risks. Our Health Check reviews your contracts, policies, and management practices, ensuring that:• Your policies are up to date with the Equality Act and current employment law.• You have the right training and support in place for managers.• Adjustments for neurodiverse staff are properly documented and implemented.• You minimise the risk of costly tribunal claims. Book your FREE HR Health Check today and gain peace of mind that your business is protected. Click here to book:
Final Thoughts
Supporting neurodiversity at work is not just the right thing to do – it’s a legal obligation. By taking proactive steps now, you can protect your people, strengthen your culture, and avoid expensive disputes. HR Matters is here to support you every step of the way.
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