Neurodiversity At Work: How Employers Can Reduce Legal Risk

While awareness of neurodiversity in the workplace rises and organisations revisit their policies and practices, day‑to‑day management is struggling to keep up.

Awareness of neurodiversity in the workplace has risen in recent years, and more employees are open about conditions such as autism and ADHD. This shift has prompted many organisations to revisit their policies and practices, and rightly so. Yet in some workplaces, day-to-day management has simply not kept pace, leaving a widening gap between policy and reality. For HR professionals, the task now is to close that gap in a way that is both legally sound and operationally sustainable.

The legal landscape

One of the most persistent misunderstandings in the UK workplace is the belief that legal protection for neurodivergent employees depends on a formal diagnosis. It does not.

Under the Equality Act 2010, protection is based on a number of factors, including the impact that a condition has on an individual's day-to-day activities. This is a crucial distinction. It means the duty to consider reasonable adjustments can arise far earlier than many employers expect, and it cannot simply be deferred until a diagnosis is confirmed. In short, if you are waiting for a diagnosis before you act, you are already behind.

Equally important is recognising where risk tends to materialise. It rarely stems from deliberate discrimination or high-profile boardroom decisions. Far more often, it develops through the routine fabric of management: performance processes, workplace changes and the interpretation of behaviour. Well-intentioned but rigid approaches in these areas are a common source of exposure.

Actionable steps for employers

So, what should employers do? The following practical measures will make a material difference to your organisation's legal position.

First, do not wait for a diagnosis or formal disclosure before acting. If a manager is aware, or ought reasonably to be aware, that an employee may have a condition affecting their day-to-day activities, the duty to consider adjustments is already engaged. Train your managers to recognise early signals and to respond proportionately, even where nothing has been formally raised. 

Second, empower your managers with clear, practical guidance. Managers sit at the centre of this challenge. They are expected to make judgement calls in real time, yet too often they lack the confidence or the tools to do so consistently. Providing them with decision making frameworks, rather than rigid, tick-box procedures, will significantly reduce the risk of a reactive, firefighting approach. Training in this area is key.

Third, build flexibility into your processes. Employers that rely too heavily on standardised procedures, without room for individual consideration, are more likely to encounter difficulties. Review your performance management, absence and disciplinary processes with neurodiversity specifically in mind. Ask whether each process allows for reasonable adjustments to be considered at every stage, not merely bolted on as an afterthought.

Fourth, document your decision making. Ensuring that decisions around adjustments, performance, and conduct are carefully considered and recorded is critical to defending any subsequent claim. Good documentation demonstrates that the organisation turned its mind to the relevant issues, even where the outcome is challenged.

Visit us at mayerbrown.com

Mayer Brown is a global services provider comprising associated legal practices that are separate entities, including Mayer Brown LLP (Illinois, USA), Mayer Brown International LLP (England & Wales), Mayer Brown (a Hong Kong partnership) and Tauil & Chequer Advogados (a Brazilian law partnership) and non-legal service providers, which provide consultancy services (collectively, the "Mayer Brown Practices"). The Mayer Brown Practices are established in various jurisdictions and may be a legal person or a partnership. PK Wong & Nair LLC ("PKWN") is the constituent Singapore law practice of our licensed joint law venture in Singapore, Mayer Brown PK Wong & Nair Pte. Ltd. Details of the individual Mayer Brown Practices and PKWN can be found in the Legal Notices section of our website. "Mayer Brown" and the Mayer Brown logo are the trademarks of Mayer Brown.

© Copyright 2026. The Mayer Brown Practices. All rights reserved.

This Mayer Brown article provides information and comments on legal issues and developments of interest. The foregoing is not a comprehensive treatment of the subject matter covered and is not intended to provide legal advice. Readers should seek specific legal advice before taking any action with respect to the matters discussed herein.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.