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Neurodiversity-related tribunal claims surge, highlighting rising risks for employers

by Claire Churchard
07/08/2025
neurodiversity, think differently
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Employment tribunal decisions involving neurodiverse conditions have risen sharply over the past five years, with ADHD-related claims increasing more than eightfold.

The significant increase was revealed by law firm Irwin Mitchell, which analysed the latest Ministry of Justice data. Results show the number of tribunal decisions citing ADHD rose from six in the first half of 2020 to 51 in the same period in 2025, more than eight times higher than in 2020, or a 750 percent increase.

Tribunal decisions relating to other neurodiverse conditions also increased in the same period. Autism-related cases nearly doubled, rising from 27 to 53 (a 96.3 percent increase), while dyslexia-related claims grew from 37 to 66 (a 78.4 percent increase). Claims involving dyspraxia more than doubled from four to 11 (a 175 percent increase), and decisions citing obsessive compulsive disorder (OCD) rose from four to eight.

Tribunal decisions involving Tourette Syndrome remained consistently high, with 56 decisions in the first half of 2025, up from 48 for the same six months in 2020.

The analysts said that while conditions like dyscalculia and dysgraphia were mentioned less frequently, the trend suggests a growing awareness of neurodiversity in the workplace and greater employee confidence in challenging discrimination or poor practice.

Jenny Arrowsmith, partner in the employment team, at Irwin Mitchell, warned that the figures should prompt employers to take action.

“This data underscores the importance of inclusive workplace practices and the legal risks employers face if they fail to make reasonable adjustments to enable neurodiverse employees to thrive at work. We’re seeing a clear upward trend in claims, particularly around ADHD and autism, which reflects both increased diagnosis and greater employee confidence in asserting their rights.

“Linked to this, before matters get to employment tribunal, we’re seeing more issues arising in which an individual’s behaviour is a factor in what’s happened, why and what response the employer should take.”

The law firm’s findings come amid growing public discussion around neurodiversity at work. High-profile cases, such as TV presenter Gregg Wallace referring to his autism diagnosis following allegations of workplace misconduct, have fuelled wider debate around accountability, workplace behaviour and neuroinclusive practices.

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The data highlights the value of proactively embedding neurodiversity into employer people strategies. This includes not only making reasonable adjustments, but also ensuring managers are trained to handle situations sensitively and appropriately, and policies are reviewed to support all employees fairly.

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The podcast from Benefits Expert, the title for HR, reward and benefits professionals.

Seasoned professionals examine the challenges and innovations in today’s employee benefits, reward and HR sector. Every episode, they will unbox a key issue and unpack what it really means for employers and how they can tackle it.

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Benefits Unboxed – Hybrid work: reality versus rhetoric
byBenefits Expert from Definite Article Media

Return-to-office mandates are a topic that’s generating plenty of heat in the media, but how closely do the headlines match workplace reality? 

In this episode, one of a three-part series of 10-minute podcasts, hosts Claire Churchard and Steve Herbert discuss data that shows remote or home working is on the rise.

We look at what this means for HR, from balancing employee flexibility with business needs, to ensuring benefits packages remain fair and accessible. We discuss the pinch points, and the opportunities, in building the new normal of work.

Benefits Unboxed – Hybrid work: reality versus rhetoric
Benefits Unboxed – Hybrid work: reality versus rhetoric
31/08/2025
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