Reasonable Adjustments and the Law Regarding Neurodiversity: A Comprehensive Guide

Neurodiversity describes the natural variation in how people’s brains work. It includes autistic people and people with ADHD, dyslexia, dyspraxia, dyscalculia and Tourette’s, among others. Many neurodivergent people have strengths that suit particular roles very well, and many also meet barriers at work that have little to do with their ability and a lot to do with how jobs, offices and processes are designed.

In England, Scotland and Wales, the law expects employers to remove or reduce those barriers. This guide explains how the duty to make reasonable adjustments works for neurodivergent employees and job applicants, and what good practice looks like beyond the legal minimum. It is general information, not legal advice.

When is a neurodivergent person protected?

Under the Equality Act 2010, a person is disabled if they have a physical or mental impairment that has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities. The government’s guidance on the definition of disability explains that substantial means more than minor or trivial, and long-term generally means 12 months or more.

Plenty of neurodivergent people do not think of themselves as disabled, and that is their call. Legally, though, Acas notes that being neurodivergent will often amount to a disability under the Act. The test looks at the effect on the person, not at a label. Our article on ADHD, autism and the legal definition of disability looks at how one Employment Appeal Tribunal approached the question.

What the duty requires

Section 20 of the Equality Act sets out three requirements. An employer must take reasonable steps to avoid a substantial disadvantage caused by:

  • a provision, criterion or practice, meaning a rule, policy or usual way of doing things
  • a physical feature of the workplace
  • the lack of an auxiliary aid, such as equipment or software

The duty covers job applicants as well as employees. It applies when the employer knows, or could reasonably be expected to know, that the person is disabled and likely to be at a disadvantage. Waiting for someone to use the right words is not a safe strategy: if a barrier linked to a condition is evident, the employer is expected to explore it.

The employer pays for reasonable adjustments. The government’s Access to Work scheme can fund some support, such as specialist equipment or a job coach, but it does not replace the employer’s own duty.

What counts as reasonable?

There is no fixed list. Whether an adjustment is reasonable depends on how well it would remove the disadvantage, how practical it is, what it costs, and the size and resources of the organisation. An employer does not have to change the basic nature of a job, and if one adjustment is not reasonable, it should still look at alternatives. Our guide to deciding whether an adjustment request is reasonable walks through the questions to ask.

Common adjustments for neurodivergent employees

Most adjustments for neurodivergent people cost little or nothing. Typical examples include:

  • written instructions and meeting summaries alongside verbal briefings
  • flexible start and finish times, or hybrid working
  • a quieter desk, noise-cancelling headphones or changes to lighting
  • assistive software such as text-to-speech or mind-mapping tools
  • extra time or a different format for interview tasks and tests
  • regular, structured one-to-ones and clearly set priorities

For more specific ideas, see our examples for employees with ADHD, dyslexic employees and autistic employees.

Getting the process right

Start with a conversation

Ask the person what would help. They usually know best what gets in their way. Keep the discussion practical and focused on the work, not on the diagnosis.

Bring in specialist input when needed

For more complex situations, a workplace needs assessment can identify adjustments that neither the employee nor the manager would have thought of.

Write it down and review it

Record what has been agreed, who is responsible and when it will be reviewed. Needs change when roles, managers or workloads change, so treat adjustments as ongoing rather than a one-off fix.

Beyond compliance

The legal duty is the floor. Organisations that do well with neurodivergent talent build inclusion into everyday practice: clear communication as standard, flexibility as the default, and managers who are confident having these conversations. Fewer people then need to ask for individual adjustments, and those who do get a quicker answer. Our page on your legal responsibilities as an employer sets out the duties in more detail.

How Enna can help

Our workplace needs assessments give employers clear, practical recommendations for individual employees. For managers and HR teams who handle requests, the Reasonable Adjustments: Putting It Into Practice workshop builds the confidence to respond quickly and consistently. If you would like a second pair of eyes on your adjustments process, speak to our team.

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