Employment tribunals witness rise in neurodiversity claims

The number of employment tribunals hearing neurodiversity discrimination cases is rising, according to an employment law firm.

Fox and Partners said 102 employment tribunals included claims of neurodiversity discrimination last year, up from 93 in 2021 and 70 in 2020. The tribunals heard 30 cases related to dyslexia, 25 to autism, 19 to attention deficit hyperactivity disorder, 14 to dyspraxia and 14 to Asperger’s Syndrome, it added.

Ivor Adair, a partner at the firm, said workplace disputes can arise when neurodivergent employees feel their performance or behaviour is unfairly judged for reasons relating to their condition. Employers should allocate resources towards “a more sophisticated diversity and inclusion strategy” that includes neurodiversity, he added.

“Whereas many employers have become more aware of neurodiversity within their workforce, that is not yet translating into strategies that are working,” Adair argued, noting the benefits of diverse thought for decision making and risk management.