Tribunal warning for small firms: ADHD isn’t an excuse to get it wrong
Britain’s smallest employers are facing a growing legal risk many still don’t see coming. As diagnoses of ADHD, autism and other neurodivergent conditions continue to rise, employment tribunals are increasingly finding against businesses that fail to make reasonable adjustments for staff. The latest case saw an employee awarded £45,000 after a tribunal ruled his employer failed to take his ADHD into account during disciplinary proceedings. For small and micro businesses without dedicated HR teams, the message is stark: understanding neurodiversity is no longer optional. A few simple, low-cost adjustments could not only retain talented employees but also prevent costly legal claims that many small firms simply couldn’t afford.
Tribunals are rising, diagnoses are soaring and Britain’s smallest firms need to wake up fast.
A supermarket deputy manager recently won £45,000 after a judge ruled his bosses hadn’t taken his ADHD into account during a disciplinary process. The tribunal said he wasn’t given reasonable adjustments, even simple things like extra breaks, and that his “lack of remorse” was actually part of how ADHD affects communication.
That’s one case. There are hundreds more. The workplace is changing faster than many businesses realise. Neurodivergence: ADHD, autism, dyslexia, Tourette’s and more, is exploding into public awareness. Tribunal cases are rising and employers who don’t keep up are finding themselves in hot water. If you run a small shop, café, builder’s yard or micro‑team you need to be aware.
Small firms aren’t immune
Law firm Irwin Mitchell found 517 tribunal cases mentioning neurodivergence in 2025, up from 265 in 2020 and there may be many more because the Ministry of Justice says the database isn’t complete.
Small businesses often think this won’t happen to them because the team is small but Tribunals don’t take the size of the business into consideration. They consider whether the business made reasonable adjustments and treated people fairly.
Employees don’t need a formal diagnosis to be protected under the Equality Act. That means employees can ask for adjustments and bring claims, even while waiting years for NHS assessments.
The pressure points
Small firms are already stretched but that’s not an excuse when things go wrong and smaller teams are most exposed.
1. Asking for “proof” of diagnosis
Tribunals say this is not the legal test. If you demand paperwork, you could be discriminating.
2. Jumping to performance management
Many cases happen because bosses move to discipline before asking: “Is there a condition affecting this?”
3. Not knowing what’s “reasonable”
A Bluetooth headset for a dyslexic chef? Reasonable. Changing an entire recruitment process? Not reasonable.
Small firms often assume adjustments mean expensive changes but most cost little or nothing.
4. Fear of ‘doing it for one, doing it for all’
Employers often panic about fairness, but adjustments are individual, not universal.
5. Invisible struggles
Neurodivergent people often “mask”; hiding their traits until they burn out. Small teams miss the signs.
Big companies have HR teams, lawyers, occupational health, training budgets and policies. Small businesses have the owner. That means:
- one mistake can escalate into a tribunal case
- one misunderstanding can become a discrimination claim
- a poorly handled conversation can cost thousands
- a valued employee can burn out and leave
With diagnosis rates rising, ADHD up nearly 20‑fold since 2000, autism up eight‑fold, this isn’t going away.
Simple adjustments that transform workplaces:
- flexible working
- quiet spaces
- fidget tools
- structured meetings
- clear instructions
- regular breaks
- “busy lights” on desks
These cost pennies and save thousands. They help everyone, not just neurodivergent staff.
The big risk
Tribunals are awarding:
- £45,000 for ADHD discrimination
- £24,000 for failing to provide a headset
Small firms can’t absorb those costs. With more people seeking diagnoses, more awareness, and more willingness to challenge unfair treatment, the risk is rising.
Neurodivergence isn’t a trend
It’s the reality of the workforce. Small businesses that are aware and get themselves informed and act will keep skilled staff and avoid costly disputes. Looking after your people has the added advantage of boosting performance. building loyalty and create calmer, happier workplaces where people want to stay.
Those that ignore it will face burnout, conflict, costly legal claims, reputational damage and the kind of financial pain that can leave a business in financial difficulty or even bust. If you think you can’t afford to make adjustments, think again. What you really can’t afford in an award against you running into thousands of pounds.
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