In a ruling that employers across the UK would do well to heed, a recent employment tribunal has found that failure to make reasonable adjustments for neurodivergent employees, such as employees with ADHD, can amount to disability discrimination.
The Case: Capgemini’s Probation Misstep
Bahar Khorram, a cloud technologist employed by Capgemini UK, brought a discrimination claim following her dismissal during probation. Diagnosed with ADHD in 2022, Khorram had proactively alerted her employer to her condition, and an occupational health professional recommended specific workplace adjustments. These included neurodiversity and ADHD awareness training for her colleagues and managers.
Yet, Capgemini failed to implement these measures. The tribunal determined this omission amounted to a breach of the Equality Act, employers have a legal duty, where the employee is put at a substantial disadvantage in comparison to non-disabled employees due to the workplace (a provision, criterion or practice, or a physical feature) to make “reasonable adjustments,” to avoid the disadvantage and failing to do so can amount to discrimination. The Tribunal commented that “the cost of the training would not have been a ‘prohibitive difficulty’ for the company.”
The ruling emphasised that even relatively modest interventions, such as awareness training, can significantly mitigate workplace disadvantages for neurodivergent staff, while simultaneously reducing legal exposure.
ADHD at Work: Not an Optional Extra
This case comes against a backdrop of rapidly increasing ADHD diagnoses, one reason employment lawyers report surging volumes of related inquiries. With as many as 2.5 million people in England estimated to have ADHD, firm-wide strategies for neurodiversity are not just compassionate, they’re legally prudent.
Lessons to be learned from this Tribunal case
- Reasonable Adjustments are Mandatory
The tribunal’s decision reinforces that employers must act on occupational health recommendations. Ignoring viable measures can amount to unlawful discrimination. - Training Matters
Awareness sessions tailored to neurodiversity, including ADHD, provide managers and peers with insights into supportive working practices, an inexpensive yet powerful tool for inclusion. - Proactivity is Key
Waiting until performance falters is too late. Employers must anticipate diverse needs in onboarding and performance planning. Failure to do so may result in a claim.
Broader Context and Related Cases
Not isolated, Khorram’s experience resonates with other recent decisions. Shannon Burns, a former Gitpod executive, successfully won a disability discrimination claim after sleeping in a sauna during a work retreat. Her ADHD was deemed a contributing factor to forgetfulness, including misplacing hotel keys. The tribunal ruled that her dismissal lacked adequate consideration of her condition.
Similarly, a software engineer with ADHD won compensation after a manager’s sighing and non-verbal displays of frustration were deemed discriminatory, a reminder that subtle everyday interactions can amount to discrimination.
What Employers Should Do
- Review Procedures: Review existing procedures and ensure that any known medical conditions, including neurodivergent conditions such as ADHA and Autism are specifically addressed, especially during onboarding and probation.
- Deliver Training: Implement accessible awareness training for teams and leadership.
- Monitor Culture: Foster an inclusive environment where staff feel comfortable discussing their needs without fear of stigma or reprisal.
- Document Everything: Show that recommendations from occupational health, or similar assessments, are taken seriously and acted on.
I would urge organisations to treat neurodiversity not as a compliance box to tick, but as a cultural and legal imperative. These recent cases reinforce that employers should always follow medical advice and fully consider how an employee’s medical condition could impact on their performance and how it can make adjustments to the workplace to reduce any disadvantages.