Courts now expect large employers to provide neurodiversity training
A recent UK employment tribunal ruling against Capgemini
underscores how failing to act on straightforward occupational health advice, specifically
providing neurodiversity training, can constitute disability discrimination
under the Equality Act 2010.
In the recent case, Ms Bahar Khorram, a senior cloud
technologist diagnosed with ADHD, the employer omitted to implement ADHD and
neurodiversity awareness training which had been recommended by occupational
health.
The sessions, designed for managers and colleagues, were
intended to have supported Khorram’s task clarity and performance. The tribunal
held that Capgemini’s failure to provide this training breached its legal duty
to make reasonable adjustments, especially since the cost and complexity of
training were minimal (GOV.UK).
This is a pivotal development. The tribunal emphasised that
adjustments don’t just cover changes to an individual’s hours or tasks – they
also include cultural or environmental changes like team training.
Capgemini’s dismissal of the occupational health advice was
seen as unlawful omission and tribunals increasingly expect proactive, low-cost
adaptations wherever reasonably possible (The
Times, Personnel
Today, Personnel Today).
Broader context shows neurodiversity-related tribunal cases
have surged, from 193 in 2022 to 278 in 2023, reflecting growing legal
expectations around neuro-inclusive employment practices (Financial
Times).
Employers are also recognising competitive advantages in
supporting neurodivergent talent, with firms including BlackRock, Abrdn, and
Fidelity now offering neurodiversity assessments and accommodations (FN
London).
There are many free sources of information about managing
neurodiversity in the workplace available for HR professionals and our free
guide explains everything you need to know.
Key takeaways for HR
- Tribunal rulings confirm that failing to deliver simple health-recommended adjustments, like neurodiversity training, can breach the Equality Act.
- Reasonable adjustments include team-wide cultural or environmental changes, not just individual support.
- Training and similar adjustments are typically cost‑effective and deliverable, making any cost defence weak.
- Tribunal cases referencing ADHD, autism, dyslexia, and related conditions are rising, reflecting higher expectations around workplace support.
- Employers should have clear policies and processes to act on occupational health recommendations promptly.
- Utilise ACAS and ADHD UK resources to guide tailored support strategies, tested, compliant and effective.
Further guidance is vital for HR
ACAS provides up‑to‑date guidance on reasonable adjustments
for neurodiversity, with practical examples on environmental changes,
communication adaptations, flexible working, and workplace aids—all legally
framed under the Equality Act (Acas).
ADHD UK also offers an excellent breakdown of ADHD-specific
workplace adjustments and legal considerations under the Act (ADHD UK).
About Occupational Health Assessment Ltd
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Appointments are available nationwide within two days.
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