Neurodiversity Conflicts Lead to Tribunal for 1 in 10 Organisations | Consensus HR in Herts & Beds

Neurodiversity

Neurodiversity Conflicts Lead to Tribunal for 1 in 10 Organisations

By Matthew Chilcott, Owner – Consensus HR

Recent findings show that 1 in 10 UK organisations have experienced an employment tribunal due to neurodiversity-related conflicts, highlighting a pressing need for greater inclusivity and understanding in the workplace.

A report by Neurodiversity in Business (NiB), as published in People Management, revealed that a third of employers are unsure how to support neurodiverse individuals, while 65% of neurodivergent employees feel misunderstood or unsupported by their managers or organisations.

Understanding Neurodiversity in the Workplace

Neurodiversity refers to the natural variation in how people think, learn, and process information. This includes conditions such as:

  • Autism Spectrum Disorder (ASD)
  • Attention Deficit Hyperactivity Disorder (ADHD)
  • Dyslexia
  • Dyspraxia
  • Tourette Syndrome

Employers have a legal duty under the Equality Act 2010 to make reasonable adjustments for neurodivergent individuals. Failing to do so can lead to claims of discrimination or unfair dismissal.

The Legal and Cultural Implications for Employers

When organisations overlook neurodivergent needs, the consequences can include:

  • Discrimination and unfair dismissal tribunal claims
  • Financial penalties and reputational damage
  • Low morale and high employee turnover
  • Loss of talent due to non-inclusive practices

A notable 2023 case involved an autistic employee winning a discrimination claim after being unfairly dismissed due to the employer failing to adjust working practices appropriately.

How HR Can Improve Neurodiversity Inclusion

At Consensus HR, we support businesses by:

  • Reviewing HR policies to ensure legal compliance
  • Offering neurodiversity training to managers and teams
  • Implementing reasonable adjustments and tailored support plans
  • Enhancing recruitment and onboarding processes to be neuro-inclusive

Our goal is to create workplaces where all individuals can thrive, regardless of how their brains are wired.

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Comment from Matthew Chilcott – Owner of Consensus HR

“At Consensus HR, we see first-hand how employers can unknowingly fall short when supporting neurodivergent individuals. This latest data showing that 1 in 10 organisations have ended up at tribunal is a red flag. Neurodiversity is not a challenge to be avoided – it’s a strength to be embraced. With the right HR policies and open conversations, businesses can build inclusive teams that drive innovation and loyalty.”

Matthew Chilcott, Owner – Consensus HR

Next Steps for Employers

To avoid legal risk and create an inclusive culture: ✅ Conduct internal audits on inclusion policies
✅ Provide neurodiversity awareness training
✅ Review recruitment and performance management processes
✅ Seek expert HR guidance when unsure

📥 Contact Consensus HR today for tailored support:

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Conclusion

As UK employment law continues to evolve and tribunals increasingly spotlight inclusion failures, businesses must act. Prioritising neurodiversity isn’t just the right thing to do – it’s a vital part of building a legally compliant and forward-thinking organisation.

If you’re unsure where to start, the team at Consensus HR is here to help. With our retained HR services, you gain expert, proactive support that puts people and performance first.

 

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