Ryan Toghill, a former deputy store manager at Lidl, spent 18 months obsessing over something most people would rather forget: an employment tribunal. After being dismissed for gross misconduct for using equipment he wasn't trained on - a move that followed his disclosure of an ADHD diagnosis - he successfully appealed, rejected a lower-paid role, and took his case to a tribunal. The judge awarded him over £45,000, ruling that Lidl hadn't fully considered his ADHD during the disciplinary process, including failing to offer reasonable adjustments like additional breaks. A manager had described him as showing "a lack of remorse," which the tribunal linked to communication differences tied to ADHD. "I don't show a lot of emotions," Toghill explains. "I could be incredibly happy, angry, upset, or remorseful, and my facial expressions and tone of voice would essentially remain the same." Lidl says it's "committed to ensuring that everyone receives the reasonable adjustments, clear communication and support they need to thrive."
Campaigners, lawyers, and HR teams say Toghill's case is part of a growing trend. Since the pandemic, diagnosis rates for ADHD and autism have risen sharply, and neurodivergence is featuring more often in employment tribunal disputes. Under the Equality Act 2010, neurodivergent conditions may be considered disabilities, entitling individuals to reasonable adjustments - even without a formal diagnosis - if the condition has a substantial and long-term adverse effect on daily activities. Tribunals aren't just about failing to make adjustments; they also cover how people are treated. In a 2025 case, a software engineer with ADHD won a discrimination claim because a manager sighed and made "non-verbal frustration" expressions toward him.
Lutfur Ali, a diversity and inclusion adviser at the Chartered Institute of Personnel and Development, notes that "what we're seeing in tribunals is rarely the result of deliberate discrimination." Instead, cases stem from overlooked adjustments, performance processes not designed for different thinking styles, and managers lacking training. Irwin Mitchell, a major UK law firm, identified 517 employment tribunal cases mentioning neurodivergent conditions in 2025, up from 265 in 2020 - though the Ministry of Justice cautions the database is limited and not official statistics. Diagnosis rates have soared: UCL research shows nearly a 20-fold increase in UK adult ADHD diagnoses between 2000 and 2018, and autism diagnoses eight times higher in 2018 than 1998. Yet the Lancet Regional Health Europe published research in June suggesting ADHD affects 3-5% of adults globally, while only about 1.2% of adults in England have a diagnosis, indicating under-diagnosis. King's College London research last year suggested around 90% of autistic people over 40 remain undiagnosed.
Jo Moseley, legal director at Irwin Mitchell, says the firm is seeing people bringing claims without formal diagnoses, exacerbated by record NHS waiting lists. Ben Branson, an entrepreneur diagnosed with autism in 2022 who runs The Hidden 20% charity, says "the recognition of adult neurodivergence has exploded. But we have always been here, we are just not hiding anymore." This year's City and Guilds Foundation Neurodiversity Index found that while employers rate their "neurodivergent readiness" at 70-75%, only 32-38% of neurodivergent employees feel psychologically safe disclosing their diagnosis or believe their organisation understands their condition.
Employment lawyer Jodie Hill, who set up Thrive Law after her own ADHD diagnosis, says in the last three months she's seen more enquiries than ever. Common employer missteps include asking for proof of a formal diagnosis (not required by law) or dismissing someone for performance without considering a possible disability. Some employers fear cost or that accommodating one person means accommodating everyone, leading to what Hill calls "initial dismissiveness." But many adjustments cost little - like restructuring meetings, offering breaks, or providing quiet workspaces. In a 2024 tribunal, pub chain Greene King was ordered to pay £24,000 to a dyslexic chef after failing to provide a Bluetooth headset he requested. Greene King said it respected the decision and is committed to employee welfare.
Prof Nancy Doyle, an occupational psychologist, says adjustments aim to facilitate good performance, not lower standards. She warns that some managers end up "covering for neurodivergent staff," leaving them dependent on kindness that may fade. Daniel Rickman, who runs glazing business Structura, preemptively offers flexible working, fidget toys, and "busy lights" on desks to all staff - and says it helps retain skilled staff, even if he's been called "woke" for it. Some big employers like Microsoft and BAE Systems have created targeted hiring programmes for neurodivergent candidates. Prof Amanda Kirby, heading the government's expert panel on neurodivergent employment, advocates moving away from a "medical" model of adjustments. "Nobody fits into neat boxes," she says, adding that training focused on x for dyslexia or y for ADHD "is never going to work."