For Ryan Toghill, taking one of the UK’s largest grocery chains to an employment tribunal became an all-consuming ordeal.
After informing his managers of his ADHD diagnosis, the deputy store manager at Lidl was called into a disciplinary meeting for using equipment he hadn’t been trained on. He was subsequently dismissed for gross misconduct. Though he successfully appealed and was offered a lower-paid role, he rejected it and pursued legal action.
The tribunal ultimately awarded him over £45,000, ruling that his former employer had failed to make reasonable adjustments during the disciplinary process, such as offering additional breaks. The judge also noted that a manager’s description of Ryan as showing a "lack of remorse" was directly linked to the communication differences associated with ADHD.
"I don't show a lot of emotions," Ryan explains. "I could be incredibly happy, angry, upset, or remorseful, and my facial expressions and tone of voice would essentially remain the same."
While Lidl stated it is "committed to ensuring that everyone receives the reasonable adjustments, clear communication and support they need to thrive," Ryan’s case highlights a broader, systemic shift that businesses can no longer afford to ignore.
The Rising Tide of Neurodivergence Claims
Thousands of people have been diagnosed as neurodivergent in recent years—an umbrella term encompassing ADHD, autism, dyslexia, and Tourette’s syndrome. Since the pandemic, diagnosis rates have surged, and these conditions are increasingly featuring in employment tribunal disputes.
Under the Equality Act 2010, neurodivergent individuals may be protected from discrimination if their condition has a "substantial and long-term adverse effect" on normal daily activities, regardless of whether they hold a formal diagnosis. They are legally entitled to "reasonable adjustments" in the workplace.
According to the UK law firm Irwin Mitchell, employment tribunal cases mentioning neurodivergent conditions jumped from 265 in 2020 to 517 in 2025, with ADHD and autism being the most commonly cited.
"What we're seeing in tribunals is rarely the result of deliberate discrimination," explains Lutfur Ali, a diversity and inclusion adviser at the Chartered Institute of Personnel and Development (CIPD). "Cases commonly stem from reasonable adjustments being overlooked, performance processes that were never designed with different thinking styles in mind, and managers lacking the training or time to have the right conversations."
The Diagnosis Dilemma and "Invisible" Struggles
Diagnosis rates for ADHD and autism have soared, pushing NHS waiting lists in England to record levels. Research from University College London notes a nearly 20-fold increase in UK adults diagnosed with ADHD between 2000 and 2018.
Yet, paradoxically, studies suggest these conditions remain heavily underdiagnosed. The Lancet Regional Health Europe estimates that while only 1.2% of adults in England have an ADHD diagnosis, international data suggests a true prevalence of 3–5%. Similarly, King’s College London research indicates that roughly 90% of autistic individuals over 40 remain undiagnosed.
Regardless of formal diagnosis, awareness of neurodivergent challenges—such as sensory sensitivities, communication preferences, and executive dysfunction—has grown. Many neurodivergent employees engage in "masking," or hiding their traits to fit in, which can lead to severe burnout.
"Society is playing catch-up," says Ben Branson, founder of the neurodiversity charity The Hidden 20%, who was diagnosed with autism in 2022. "The recognition of adult neurodivergence has exploded. We have always been here; we are just not hiding anymore. Millions of people finally understand why they kept moving jobs, burning out, or feeling exhausted, and they are no longer willing to struggle in silence."
The Employer-Employee Disconnect
Despite rising awareness, a significant gap remains between corporate perception and employee reality. The City and Guilds Foundation’s recent Neurodiversity Index found that while 70–75% of employers feel confident in their "neurodivergent readiness," only 32–38% of neurodivergent employees feel psychologically safe disclosing their diagnosis or believe their organization truly understands their condition.
Employment lawyer Jodie Hill, who founded Thrive Law after receiving her own ADHD diagnosis at 35, notes a sharp increase in workplace grievances. She points out two common employer missteps: demanding proof of a formal diagnosis (which is not the legal threshold for protection) and moving to dismiss an employee for performance issues before considering whether a disability is a contributing factor.
Employers often express frustration, feeling that "every other conversation is about people wanting support." Fears over costs and the misconception that accommodating one employee means accommodating everyone can lead to initial dismissiveness.
Furthermore, determining what constitutes a "reasonable adjustment" is a frequent sticking point. While some tribunals have reined in excessive demands—such as one case where a claimant’s request for advance access to test questions was deemed unreasonable—lawyers stress that employers must actively justify any refusals and explore alternatives.
"Big employers will certainly be expected to do more than small employers," notes Jo Moseley, a legal director at Irwin Mitchell. "Many adjustments cost nothing or very little, such as restructuring meetings, offering regular breaks, or providing a quiet workspace."
For example, pub chain Greene King was recently ordered to pay £24,000 after a tribunal found it failed to provide a dyslexic chef with a requested Bluetooth headset to help him read orders, ultimately contributing to the end of his employment.
"Ultimately, the purpose of an adjustment is to facilitate good performance, not to lower the standard of performance," says Professor Nancy Doyle, an occupational psychologist. She warns that when managers simply "cover" for neurodivergent staff out of kindness, it creates an unsustainable dependency.
Proactive Solutions and Systemic Challenges
Some forward-thinking businesses are moving away from reactive accommodations. Daniel Rickman, who runs the glazing business Structura, proactively introduced flexible working, fidget toys in meeting rooms, and red/green "busy lights" on desks to signal availability. He reports that these changes help the business "get the best out of everybody" and retain skilled staff, despite facing occasional criticism for being "woke."
Similarly, major corporations like Microsoft and BAE Systems have launched targeted hiring programs to attract neurodivergent talent, recognizing the unique skills and perspectives they bring.
Professor Amanda Kirby, who heads a government expert panel on improving employment outcomes for neurodivergent people, argues that a piecemeal, "medical" model of adjustments is inadequate. "Nobody fits into neat boxes," she says, emphasizing that workplace design must be inherently flexible, recognizing the overlap between neurodiversity, mental health, and economic inactivity.
The economic stakes are high. A 2024 government report found that autistic graduates are twice as likely to be unemployed 15 months after graduation compared to non-disabled peers. Last year, the government’s ADHD Taskforce estimated that "unsupported" ADHD costs the UK economy £17 billion annually. In response, the government is investing £3.5 billion into personalized employment support for disabled individuals and those with health conditions.
The Looming Tribunal Backlog and Hidden Risks
Beyond the immediate workplace, the UK’s employment tribunal system is under severe strain, with a record 531,000 open claims. Cases can take years to reach a final hearing, forcing employers to make difficult, uncertain judgment calls in the interim.
This backlog is expected to worsen. Starting in January 2027, the Employment Rights Act will protect workers from unfair dismissal after six months, down from the current two-year threshold. "Most people, even conservatively, think that there's going to be a huge explosion just in unfair dismissal claims," warns Jo Moseley.
Professor Kirby cautions that this legal pressure could have an unintended consequence: "hidden bias" in recruitment. Employers, fearing potential tribunal risks, might subtly screen out candidates they suspect are neurodivergent.
For Ryan Toghill, who has not worked since leaving Lidl due to poor health, the experience has left him conflicted about whether to disclose his diagnosis to future employers. Yet, he remains hopeful that workplace evolution is inevitable.
"You've got to manage people differently if they're neurodivergent," Ryan says. "You can get the best out of them if you adapt a little bit."