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How Is Neurodiversity in the Workplace Shaping the Future of Work?
How is neurodiversity in the workplace shaping the future of work? It’s a conversation that more SMEs and HR professionals are now starting to engage with.
Diagnoses of ADHD, autism, dyspraxia and other neurodiverse conditions are rising. At the same time, employees are demanding more inclusive workplaces — and they’re prepared to walk away if they don’t see real commitment. A survey by IRIS Software Group found that nearly 60% of UK workers would consider leaving if their employer rolled back on diversity and inclusion.
The message is clear: neurodiversity is moving from the margins to the mainstream, and SMEs can’t afford to ignore it.
The Legal Framework: Equality Act 2010
Under the Equality Act 2010, many forms of neurodivergence can be classed as a disability if they have a substantial and long-term effect on day-to-day activities. This means employers — regardless of size — have a legal duty to make reasonable adjustments to remove barriers for employees.
Failure to do so can lead to disability discrimination claims. While SMEs may feel they’re less exposed than large corporates, the case law shows otherwise. Recent UK tribunal decisions demonstrate that even well-intentioned employers can fall short.
Tribunal Insights: What SMEs Can Learn
Three recent cases highlight how tribunals are approaching neurodiversity in the workplace and what SMEs can learn from them:
- [AECOM Ltd v Mallon (2023)] – A candidate with dyspraxia was asked to complete an online form. He requested adjustments, but the employer insisted he complete it unaided. The Employment Appeal Tribunal ruled this discriminatory, stressing that employers must take practical steps at recruitment.
- [Shevlin v John Wiley & Sons Ltd (2024)] – An employee with ADHD challenged how his performance was managed. The tribunal dismissed his claim, but it highlighted how critical it is for employers to document adjustments and show genuine consideration.
- [McQueen v General Optical Council (2023)] – An employee with ADHD, dyslexia, and hearing loss claimed his conduct was linked to disability. Both the tribunal and EAT dismissed the claim, deciding his behaviour wasn’t “because of” his conditions. Still, the case underscores the need for sensitivity in managing conduct.
These cases show a mixed picture: two claims were dismissed, but the Mallon case succeeded. Together, they remind SMEs that tribunals will look closely at whether you took reasonable steps and engaged constructively with employees.
What Surveys Reveal About Employee Experiences
The lived reality for neurodivergent workers often doesn’t match what the law promises on paper. Zurich UK’s study found that:
- 47% of neurodivergent adults hide their conditions from prospective employers.
- 51% fail to disclose at all — often out of fear of stigma.
- Only 17% are offered reasonable adjustments at recruitment.
These findings highlight a clear gap between employee expectations and employer practice — a gap SMEs need to close to avoid the common pitfalls we see every day.
Traditional recruitment practices: timed tests, group assessments, long online forms, create unnecessary barriers. The result? Talented candidates are excluded before they even get a chance to show their skills.
The IRIS survey adds another dimension: clear DEI policies are valued by 30% of employees for creating a sense of belonging. In short, employees notice whether your policies are more than words on a website.
Common Pitfalls for SMEs
From working with SMEs, we see several recurring pitfalls:
- Rigid recruitment processes that fail to consider alternative formats.
- Assuming disclosure — many employees won’t share unless trust is built.
- Lack of manager awareness — line managers often don’t know what adjustments are possible.
- One-size-fits-all policies that overlook individual needs.
- Reactive culture — adjustments only considered after problems escalate.
Each of these pitfalls carries risks: not only legal exposure, but also missed opportunities to retain skilled staff.
Practical Steps SMEs Can Take
The good news is that small businesses can take straightforward, low-cost steps to improve neurodiversity in the workplace. ACAS guidance recommends:
- Review recruitment processes: Give interview questions in advance where possible, or allow written alternatives.
- Develop a neurodiversity policy: Set out your commitment and practical support.
- Offer manager training: Raise awareness through sessions and awareness days.
- Be flexible with adjustments: From noise-cancelling headphones to flexible working hours, small changes can make a big difference.
- Review language and terminology regularly: Inclusive language evolves, and policies should reflect that.
Most importantly, adopt a neuroinclusive mindset. Adjustments aren’t special treatment; they level the playing field so everyone can perform.
Performance and Behaviour: Getting the Balance Right
Managing performance and conduct can feel daunting where neurodivergence is involved. The Shevlin and McQueen cases show that not every claim will succeed — but they also highlight the importance of sensitivity and documentation.
Employers should:
- Hold open conversations with employees.
- Document agreed adjustments and review them regularly.
- Seek medical or occupational health advice where appropriate.
- Avoid jumping straight to disciplinary action without considering context.
SMEs may not always have in-house expertise here. So, external HR support can help make a real difference.
The Business Case for Neurodiversity
Beyond compliance, building a neuroinclusive culture is smart business. Inclusive workplaces see:
- Lower turnover: Employees are less likely to leave when they feel supported.
- Higher engagement: People who can bring their whole selves to work are more motivated.
- Broader talent pools: By adapting recruitment, SMEs access candidates others overlook.
- Innovation: Neurodivergent employees often bring fresh perspectives that drive creativity.
The IRIS survey makes the risk clear: over half of employees are ready to walk away if they feel inclusion is not a priority. For SMEs, failing to prioritise inclusion risks both higher costs and the loss of valuable talent.
The Role of HR Professionals and External Support
For HR professionals, these developments underline the need to keep up to date with case law, guidance, and best practice. For SMEs, the reality is that creating policies, training managers, and managing adjustments can feel overwhelming.
Independent HR consultants add real value by helping businesses turn good intentions into meaningful action. HRi Certified® consultants are assessed against professional standards, meaning SMEs can trust them to provide credible, practical advice on neurodiversity in the workplace.
Moving Forward
Neurodiversity is no longer a side issue — it’s increasingly shaping how workplaces recruit, manage, and retain people. The tribunal cases of Mallon, Shevlin, and McQueen highlight both the risks and the opportunities for employers, while recent surveys show that employees are paying close attention and ready to act if inclusion falls short.
So, how is neurodiversity in the workplace shaping the future of work? By pushing SMEs and HR professionals to rethink recruitment, performance, and culture — and to see inclusion as both a legal responsibility and a business advantage.
Getting neurodiversity right means more than policies on paper. It’s about creating workplaces where people have a fair chance to succeed — and where businesses benefit too.
Explore our case summaries for deeper insights:
And if you’re an SME looking for support, the HRi Directory connects you with accredited HRi Certified professionals who understand the realities of running a business.
Author: Mary Asante | HRi
Sources:
IRIS Software Group (2025). New DEI research by IRIS: 60% of UK workers would consider leaving if employers rolled back on DEI commitments. https://www.iris.co.uk/news/new-dei-research-by-iris/
Zurich UK – Neurodivergent workers study
Zurich UK (2024). Excluded from the job market: neurodivergent adults feel forced to hide their conditions. https://www.zurich.co.uk/media-centre/excluded-from-the-job-market-forced-to-hide-their-neurodiversity
Healthcare & Protection (2024). Zurich UK offering all staff neurodiversity assessment after study findings. https://healthcareandprotection.com/zurich-uk-offering-all-staff-neurodiversity-assessment/