Welcome to the second part in our ‘exploring EDI’ Series and we’re jumping straight into the next few themes.

3) Neurodiversity And Disability

Tribunals continue to see more disability discrimination claims referencing autism, ADHD and other neurodivergent conditions. Themes include sensory environment adjustments, performance management and language at work.

Patterns We’re Seeing

• Claimants succeed where employers knew or ought to have known about the disability but didn’t adjust processes.
• Language and culture issues matter and seemingly casual labels or jokes can breach dignity and tip cases into harassment scenarios.
• Not every claim will succeed. Tribunals still distinguish between disability‑related conduct and unrelated misconduct but the bar for ‘we tried’ continues to rise.
• Even within our own client base we are receiving calls more frequently about employees who have received autism or ADHD diagnoses.

Practical Options To Reduce Your Risk

• Build a menu of adjustments for hiring and performance processes (extra reading time, quiet rooms, written agendas, alternative interview formats).
• Train managers on how to support those with potential disabilities or neurodivergence and signpost Occupational Health early where appropriate.
• Audit workplace sensory factors (noise, lighting, hot‑desking) and provide quiet zones.
• Remember to take each case on its own merit, each employee is different and will require different adjustments and most importantly the employee should be involved in discussions regarding implementing reasonable adjustments.

4) Menopause At Work

Menopause is not a standalone protected characteristic, but tribunals have confirmed that symptoms can amount to a disability, where they have a substantial and long‑term adverse effect on normal activities.

What Great Looks Like

• A menopause policy that cross references sickness, performance, flexible working procedures or hybrid working and additional support available.
• Supervisor and management training on symptoms, adjustments and referral routes.
• Practical adjustments to the working environment such as temperature control, workwear adjustments, frequent breaks to name a few.

5) Flexible Work And Carers

• Since the 6th April 2024, employees have had a statutory right to request flexible working from their first day of employment.
• From the same date, employees have had a statutory entitlement to unpaid carer’s leave (up to one week per 12 months) to support dependents with long‑term care needs. As part of upcoming changes within the Employment Rights Bill this may eventually be a statutory and paid type of leave.

Practical Impacts On Your Business

• Expect more requests connected to disability, neurodiversity, menopause and childcare/eldercare. Refusals now carry heightened discrimination risk (sex, disability, age both direct and through association).
• Document objective business reasons and explore alternatives before refusing.

NOTE: There are expected changes to the stance on flexible working with legislation being proposed to make flexible working the default position on recruitment unless the business can demonstrate that this isn’t appropriate. This is likely to be enforced in 2027.

That’s it for Part 2 of the series, next week will be the third and final part of the series.

For any further queries on the above points, get in touch with us at hello@empowr.uk.