Neurodiversity at Work
The Employment Rights Act is placing greater scrutiny on how employers support their workforce in practice, including neurodivergent employees. New research now highlights a significant gap between how organisations perceive their capability and what their internal data suggests is actually happening.
A survey of 495 HR, L&D and compliance professionals conducted by compliance eLearning provider VinciWorks found that more than a third (35%) say managers in their organisation lack confidence when discussing reasonable adjustments for neurodivergent employees. Almost a third (30%) described managers as “not very confident” and only five per cent said they were “not confident at all”.
At the other end of the scale, only 6.5% said managers were very confident in these conversations.
With at least one in seven people in the UK estimated to be neurodivergent, this confidence gap has clear implications for how effectively organisations are supporting a significant proportion of their workforce.
Rising tribunal claims and financial exposure
Analysis of His Majesty’s Courts and Tribunals Service data by Irwin Mitchell shows that tribunal claims involving neurodiversity discrimination have risen by 95% over five years.
In the past year alone, 517 cases were recorded, compared with 265 in 2020, including a 19% increase between 2024 and 2025. Autism and ADHD were the most commonly cited conditions.
The average cost of defending a tribunal claim now stands at £8,500 in legal fees alone, excluding any settlement or award.
The self assessment gap
More than half (57%) of respondents said their organisation is neurodiversity friendly. However, 28% were unsure and 16% disagreed or strongly disagreed.
At the same time, 31% identified a lack of staff awareness as the biggest barrier to improving support, while 22% pointed to manager confidence.
This suggests a disconnect between perceived progress and practical delivery, with organisations potentially measuring compliance through the existence of policies rather than whether support is reaching neurodivergent employees in practice.
As Nick Henderson Mayo, Head of Compliance at VinciWorks, explains:
“There is a pattern here that should concern HR and compliance leaders. Organisations that say they are neurodiversity friendly should have the evidence to support that claim. With the Employment Rights Act increasing employee rights, employers must be able to demonstrate how support works in practice, not just in principle.”
Training and capability gap
Only 39% of organisations have delivered neurodiversity training. Of those, just 21% have embedded it into ongoing learning, while 38% have not yet trained staff but intend to do so. A further 14% have no plans in place.
Henderson Mayo notes:
“A single training session is unlikely to change behaviour. What builds confidence is repetition, practical application and clarity on what effective support looks like. That includes how to start conversations, conduct needs assessments and review adjustments over time.”
Barriers to progress
When asked about the biggest barriers to improving support, 31% cited lack of awareness, 22% cited manager confidence, 16% pointed to time and budget constraints, 14% highlighted workplace culture and 11% referenced unclear or inconsistent policies. Only 6.5% reported no significant barriers.
Legal context and growing risk
Recent tribunal decisions highlight how failures to make reasonable adjustments can quickly become legal liabilities. In Duncan v Fujitsu, the tribunal found discrimination where an employee with communication difficulties was required to use phone based reporting rather than written communication and was denied written meeting agendas.
Under the Employment Rights Act, changes including reduced qualifying periods for unfair dismissal, extended time limits for bringing claims, and removal of the compensation cap are expected to increase both the volume and value of claims reaching tribunal.
