A growing gap between policy and practice is emerging in how UK employers support neurodivergent employees, with new research highlighting both a lack of manager confidence and a sharp rise in tribunal cases.
According to new data from online training provider VinciWorks, more than a third (35%) of HR, L&D and compliance professionals say managers in their organisation lack confidence when discussing reasonable adjustments for neurodivergent employees.
The findings come at a critical time, as legal expectations on employers continue to increase under the Employment Rights Act.
Rising tribunal cases put pressure on employers
The confidence gap is not just a development issue – it is becoming a legal risk.
Analysis by solicitors Irwin Mitchell shows that tribunal claims involving neurodiversity discrimination have risen by 95% over the past five years, with 517 cases recorded in the last year alone.
Autism and ADHD are the most commonly cited conditions, and the average cost of defending a single tribunal case now stands at £8,500 in legal fees alone, before any settlement or compensation.
With at least one in seven people in the UK estimated to be neurodivergent, the implications for employers are significant.
The gap between perception and reality
Despite these risks, many organisations appear confident in their approach – at least on the surface.
More than half (57%) of professionals surveyed believe their organisation is neurodiversity-friendly. However, this confidence is undermined by the same respondents identifying key barriers:
- 31% cite lack of staff awareness
- 22% point to low manager confidence
- Only 6.5% say managers are “very confident”
This suggests a “self-assessment paradox”, where organisations rate themselves based on policies and intent, rather than measurable outcomes or employee experience.
Nick Henderson-Mayo, Head of Compliance at VinciWorks, warns that this disconnect could become increasingly problematic:
“Organisations who say they are neurodiversity-friendly should have the evidence to back this up. With the Employment Rights Act putting more power in the hands of workers, firms should be prepared to show a tribunal how supporting neurodiversity in principle aligns with practice.”
Training remains a critical weak point
One of the clearest findings is the lack of structured training.
Fewer than four in ten organisations (39%) have delivered any neurodiversity training. Among those that have, only 21% have embedded it into ongoing development programmes rather than treating it as a one-off exercise.
At the same time:
- 38% say they want to introduce training but haven’t yet
- 14% have no plans to provide training at all
This lack of consistent, practical training is a key reason why managers lack confidence when conversations about reasonable adjustments arise.
As Henderson-Mayo explains:
“A single standalone session is unlikely to change behaviour. What makes the difference is repeated exposure, practice and understanding what effective support looks like in real situations.”
Awareness and culture barriers persist
Beyond training, the research highlights broader cultural and organisational barriers.
While awareness and confidence account for over half of all challenges identified, other issues include:
- Time and budget constraints (16%)
- Unsupportive workplace culture (14%)
- Inconsistent or unclear policies (11%)
Only a small minority (6.5%) say their organisation faces no major barriers.
The findings reinforce a familiar message: policies alone are not enough. Without communication, capability and cultural alignment, even well-designed strategies fail to deliver impact.
Legal expectations are rising fast
The legal landscape is also shifting in ways that increase employer accountability.
Under the Equality Act 2010, employers already have a duty to make reasonable adjustments for employees with disabilities, including many neurodivergent conditions such as dyslexia, ADHD and autism.
Recent case law highlights how easily failures in day-to-day practice can lead to claims. In one example, an employee was found to have been discriminated against due to a lack of adjustments in communication methods and meeting structures.
Looking ahead, changes under the Employment Rights Act will further increase risk by:
- Expanding day-one employment rights
- Extending the time limit for tribunal claims from three to six months
- Removing compensation caps in some cases
Together, these changes mean employers will need to demonstrate not just that policies exist, but that they are working effectively in practice.
What this means for employers
For employers, the message is clear: neurodiversity support must move beyond policy into practice.
Key priorities include:
Building manager confidence
Managers need practical tools and confidence to have conversations about adjustments, not just awareness of policy.
Embedding ongoing training
One-off training is insufficient. Continuous learning and real-world application are essential.
Measuring outcomes, not intent
Organisations should track indicators such as employee experience, adjustment effectiveness and retention — not just policy adoption.
Aligning culture with commitments
A supportive culture, where employees feel safe to disclose and request adjustments, is critical to both wellbeing and compliance.
A shift from policy to proof
As tribunal cases rise and legal expectations evolve, the focus is shifting.
It is no longer enough for organisations to say they support neurodiversity. They must be able to evidence it – through confident managers, consistent practices and measurable outcomes.
For many employers, this represents both a challenge and an opportunity: to build workplaces that are not only compliant, but genuinely inclusive and effective for a neurodiverse workforce.
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