Tribunals are sending a clear message: neuro-inclusion isn’t just a compliance obligation; it is now a direct driver of organisational performance.
The recent Stedman v Haven Leisure Ltd ruling confirmed that conditions like ADHD and autism must be recognised as disabilities where they substantially impact day-to-day functioning. There is no longer space for employers to dismiss neurodivergence as “personality” or assume it falls outside the Equality Act simply because an employee is coping day-to-day.
This direction of travel is reinforced by a growing body of case law. A separate ET decision shows how failing to consider the specific needs of a neurodivergent employee, particularly around communication and workload expectations, can result in a breach of the duty to make reasonable adjustments. Employment tribunals are increasingly intolerant of environments designed only for neuro-typical minds.
And it’s not a niche risk. People Management reports a visible surge in ADHD-related tribunal claims, driven by rising diagnosis rates and employee confidence in asserting their rights. Neurodivergence is becoming one of the fastest-growing discrimination battlegrounds.
And pressure isn’t only coming from the courts. The Employment Rights Bill represents the next phase of workplace reform, strengthening protections and raising expectations around fairness, manager behaviour, and working conditions. In other words: the bar for what counts as a supportive and inclusive workplace is rising, and those still clinging to bare-minimum compliance will quickly be left behind.
Legal risk is the stick. But here’s the carrot: organisations that get this right unlock competitive advantage.
Treat neuro-inclusion as strategy, not admin
When employers default to compliance minimalism, i.e., grudging adjustments, reactive processes, reluctance to adapt roles, the consequences stack up fast:
- poor retention of high-potential minds
- performance issues fuelled by environment, not capability
- reputational damage from public rulings
- slow, rigid workforces unable to innovate
Meanwhile, the organisations who adapt early attract the talent everyone else pushes away.
Neurodivergent employees often bring creative problem-solving, deep focus, rapid pattern recognition and unconventional ideas, capabilities companies spend fortunes trying to hire from outside.
Why not start by unlocking them internally?
Design for different brains and everyone benefits
This is where compliance transforms into a business win:
| Minimum compliance | Competitive advantage |
| Adjust after harm or complaint | Remove friction upfront |
| Treat adjustments as exceptions | Design flexible processes for all |
| HR controls the process | Leaders embrace inclusion as a performance tool |
If your systems assume one cognitive style: constant meetings, noisy offices, vague deadlines, retention-heavy tasks, then you cripple productivity by design. But when you redesign with varied thinking in mind, performance rises across the board. That’s not kindness; that’s good business.
Practical next moves for leaders serious about winning
- Upskill managers
Manager discomfort is now one of the biggest legal and cultural risks. Practical training beats generic “awareness”. - Normalise flexibility
Choice over communication channels, work environments and task structure reduces issues without formal “adjustments”. - Audit the friction points
Where do people get stuck: forms, processes, meetings?
Fix the blockers once and everyone benefits. - Recruit differently
Traditional interviews filter for confidence in neuro-typical communication…not job-critical ability.
These are not “accommodations”. They are performance enablers.
Neuro-inclusion is one of the rare areas where the right thing ethically is also the smartest thing commercially.
Companies that treat neurodivergence as a risk will keep losing people. Companies that treat neurodivergence as potential will keep winning.
Train your managers to turn neuro-inclusion into performance
Most tribunals involving neurodivergence don’t happen because employers won’t comply; they happen because managers don’t know how to support different brains in practice.
VinciWorks delivers practical, scenario-driven training on neurodiversity, communication styles, and workload design that helps managers:
- recognise when someone is struggling
- give support without waiting for disclosure
- implement meaningful adjustments that improve performance
- build team cultures where neurodivergent people excel
This isn’t just compliance training; it’s productivity training.
Equip your leaders to unlock the strengths of every thinker in your organisation.
Explore our neuro-inclusion and reasonable-adjustments training, or speak to us about tailoring it to your team.
Join our upcoming webinar
Equip your leaders to unlock the strengths of every thinker in your organisation: register for our webinar “The Employment Rights Bill: Preparing for a new era of workplace compliance” on Wednesday 5 November at midday UK time to stay ahead of the coming changes.
