Employment news

Further rise in tribunals dealing with neurodiversity discrimination

Figures for tribunal cases in 2022 show that 102 employment tribunals included claims of neurodiversity discrimination, demonstrating a continuing upward trend in such cases over 2021 (93) and 2020 (70). Broken down further Tribunals cited cases involving issues of dyslexia (35), autism (25), ADHD (19), dyspraxia( 14) and Asperger’s (14)

The figures come from a study by law firm, Fox & Partners, which also notes that workplace disputes often arise when neurodivergent employees feel that their performance at work is being unfairly assessed for reasons that are related to their neurodiversity.

Another study, by DEI consultancy INvolve UK found that part of the problem was that neurodivergent employees are having to source support and reasonable adjustments at work alone, with untrained managers unable to proactively discuss reasonable adjustments with employees.

The study also found that reasonable adjustments might include clear and specific instructions, a quiet workspace, longer core hours but with a break, or a mentor, saying “much will depend on identifying what it is about the job the employee finds challenging, whilst maintaining their trust.”