As awareness of neurodiversity grows, so too does the legal and cultural responsibility of employers to support neurodivergent employees or workers.

A recent employment tribunal ruling involving Capgemini UK has brought this issue into sharp focus, confirming that failure to make reasonable adjustments for employees with ADHD can amount to unlawful disability discrimination under the Equality Act 2010.

This case is a timely reminder for HR professionals, business leaders, and line managers that neurodiversity is not just a matter of inclusion, it’s a matter of compliance.

Case Background

Bahar Khorram, a cloud technologist with over 25 years of experience, joined Capgemini UK in the summer of 2023 as a pre-sales lead in its cloud infrastructure services unit. Shortly after starting, she disclosed her diagnosis of ADHD, which had been confirmed in 2022 following a psychiatric assessment. The condition significantly impacted her executive functioning, particularly in managing unstructured tasks, coping with ambiguity, and handling excessive multitasking.

Despite this disclosure, Khorram was set complex tasks with tight deadlines during her probation period. She raised concerns about her ability to manage these demands and requested adjustments, including clearer task-setting and ADHD awareness training for her team. An occupational health assessment in October 2023 supported these requests, recommending several specific adjustments:

• ADHD and neurodiversity awareness training for colleagues and managers
• Coaching sessions focused on time management and coping strategies
• Realistic and achievable task-setting
• Manager-led coaching support

However, Capgemini did not implement these recommendations. When Khorram suggested her line manager attend ADHD training with her, she received no response. Tensions escalated, and she took sick leave, followed by annual leave. In January 2024, she notified HR of her intention to raise a formal grievance, citing a lack of support and an intimidating working relationship with her manager.

Her probation was extended, but the situation deteriorated further. A probation meeting was held in her absence, and she was dismissed the following day due to “ongoing concerns about her performance.”

Tribunal Findings

The employment tribunal found that Capgemini had failed to make reasonable adjustments under sections 20 and 21 of the Equality Act 2010. Employment Judge Tim Adkin ruled that the company’s failure to implement ADHD awareness training and other recommended adjustments constituted a continuing act of discrimination.

The judgment upheld the following adjustments as reasonable and necessary:

• Adjustment of task-setting to ensure clarity and achievability
• ADHD and neurodiversity awareness training for colleagues
• Six workplace coaching sessions focused on ADHD-related coping strategies
• Coaching sessions with a line manager

Other claims, including harassment and discrimination under section 15, were dismissed. However, the ruling sends a clear message: employers must act on occupational health advice and take proactive steps to support neurodivergent employees.

Lessons for Employers

1. Reasonable Adjustments are a Legal Duty

Employers must treat occupational health recommendations as actionable. ADHD qualifies as a disability when it substantially affects day-to-day activities, and failure to make adjustments can lead to legal liability.

2. Training is not just a ‘nice-to-have’

The tribunal confirmed that ADHD and neurodiversity training can be a reasonable adjustment. Such training helps teams understand how to collaborate effectively with neurodivergent colleagues and fosters a more inclusive culture.

3. Communication and culture matter

This case highlights the importance of psychological safety and clear communication. Employers should ensure that HR and line managers are trained to handle sensitive disclosures and respond appropriately to requests for support.

4. HR must lead inclusivity efforts

HR teams should proactively review policies, ensure adjustments are implemented, and handle grievances with care. Misunderstandings or delays in action can have serious consequences.

5. Neurodiversity is broader than ADHD

While this case focused on ADHD, employers should also be aware of other neurodiverse conditions such as autism, dyslexia, dyspraxia, and tourette syndrome. Each presents unique challenges and strengths, and inclusive practices should be tailored accordingly.

Understanding ADHD and Its Impact

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ADHD (Attention Deficit Hyperactivity Disorder) is a neurodevelopmental condition characterised by persistent patterns of inattention, hyperactivity, and impulsivity. It can affect an individual’s focus, time management, and the ability to cope with ambiguity or multitasking.

ADHD in England: Key Statistics

• • An estimated 2.5 million people in England have ADHD, including undiagnosed cases.

• • 741,000 are children and young people aged 5–24.

• • 549,000 people may be waiting for an ADHD assessment.

• • 278,000 patients in England were prescribed central nervous system stimulants and other ADHD-related medications.

For more information and resources, visit ADHD UK.

Need Advice or Support?

If you have any questions about how this case may affect your business, get in touch with our Employment Law team today. As part of our SmartHR employment retainer, we can review your policies, provide tailored training, and help ensure your organisation is compliant and inclusive.

If you are an employee struggling with ADHD in the workplace and feel your employer is not providing reasonable adjustments, please reach out. We’re here to help.

Call our Employment Law team on 0191 3842441 or email Sharney Randhawa at sharney.randhawa@swinburnemaddison.co.uk.