Introduction
The traditional workplace poses unique challenges for individuals with attention-deficit hyperactivity disorder (ADHD), a neurodiverse condition marked by difficulties with concentration, organisation, and restlessness. Recent trends reveal a significant uptick in ADHD diagnoses across all age groups—with employment lawyers reporting a surge of concerns about workplace handling of ADHD.
The Capgemini Case: A Landmark Decision
An employment tribunal in London recently ruled against Capgemini, a global consultancy firm, for failing to provide neurodiversity awareness training to an employee diagnosed with ADHD. Bahar Khorram, an IT executive at Capgemini, described her struggle: despite loving her job, she faced anxiety, depression, and declining health after repeated calls for support went unmet. The tribunal found the company’s lack of neurodiversity training amounted to discrimination, setting a precedent for how organisations should address neurodivergence in the workplace.
Rising ADHD Diagnosis and Changing Workforce Demographics
Official data analysed by Sky News shows that, since the COVID-19 pandemic, the number of people in work with disabilities or long-term health conditions has grown by 21% in the UK. Notably, there has been a 35% rise in workers with learning difficulties and mental conditions like ADHD, a trend especially pronounced among older women—the group traditionally underdiagnosed until adulthood. For children, the Office for Budget Responsibility reports that the number of disabled children with ADHD as their main condition more than doubled from 38,000 in 2013 to 66,000 in 2023.
Legal Responsibilities for Employers
Failure to reasonably accommodate neurodiverse employees now carries serious legal risk. Elizabeth McGlone, employment lawyer at Didlaw, notes that inquiries about discrimination linked to neurodiversity now make up half of her caseload, compared to just 5–10% pre-pandemic. Many cases revolve around performance issues: time management, attendance, and task assimilation, often exacerbated by a lack of reasonable workplace adjustments.
Practical Adjustments: Small Changes With Big Impact
While some employers may face resource constraints, impactful accommodations for ADHD are often simpler than expected. Adjustments can include:
- Relocating desks to reduce distractions.
- Allowing regular rest breaks.
- Providing clearer instructions and more flexible working arrangements.
These measures can help maximise productivity and inclusivity without imposing significant burdens, especially for smaller organisations.
The Complexity of Diagnosing and Accommodating ADHD
Neurodiversity spans a spectrum, and not every case of ADHD may qualify as a disability. Furthermore, the relationship between performance issues and neurodivergence can sometimes be ambiguous, requiring thoughtful HR and legal consideration.
Conclusion
The Capgemini case signals a new era for workplace inclusivity. Businesses must recognise the changing profile of the workforce and proactively support employees with ADHD and other neurodiverse conditions. Failing to act risks not only diminished productivity but also substantial legal repercussions. To harness the full potential of all employees, firms need to prioritise neurodiversity awareness, reasonable adjustments, and a culture of open dialogue.
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