When Ryan Toghill took one of the United Kingdom's largest supermarket chains to an employment tribunal, the legal battle dominated his life for over a year and a half. A deputy store manager at Lidl who had disclosed his Attention Deficit Hyperactivity Disorder (ADHD) diagnosis to his managers, Toghill was dismissed for gross misconduct after using workplace equipment without prior training.
During the disciplinary proceeding, managers interpreted Toghill's flat facial expressions and monotone vocal delivery as a lack of remorse—a communication trait directly tied to his ADHD. Following a successful appeal, he declined a lower-paid demotion and pursued his case through an employment tribunal. The judge ultimately awarded him more than £45,000, finding that Lidl had failed to make reasonable adjustments during the disciplinary process, such as offering extra breaks or accommodating his distinct communication style.
Toghill's experience highlights a dramatic shift sweeping modern workplaces. Since the COVID-19 pandemic, diagnosis rates for neurodivergent conditions—an umbrella term encompassing ADHD, autism, dyslexia, and Tourette's syndrome—have surged. Consequently, neurodivergence is appearing far more frequently in workplace disputes and employment tribunals across Britain. Research from King's College London estimates that nearly 90% of autistic adults over 40 remain undiagnosed, while many workers report "masking" or hiding their traits to fit in, leading to chronic exhaustion and burnout.
Campaigners and legal specialists emphasize that businesses must adapt. Ben Branson, founder of the charity The Hidden 20%, points out that neurodivergent individuals have always been part of the workforce, but growing societal awareness means fewer are willing to suffer in silence. However, data from the City and Guilds Foundation's Neurodiversity Index shows a clear gap between perception and reality: while employers believe inclusion efforts are improving, neurodivergent employees report only minimal progress on the ground.
Workplace wellbeing lawyer Jodie Hill, who founded Thrive Law after receiving an ADHD diagnosis at age 35, reports a record surge in employer and employee inquiries. Hill explains that managers often commit key errors, such as demanding formal medical proof before making adjustments or treating performance issues as grounds for dismissal before considering underlying neurodivergent conditions. Other employers mistakenly fear that fulfilling one worker's request forces them to grant identical modifications for everyone, failing to recognize that neurodivergent challenges are often internal, invisible, and variable.
Determining what constitutes a "reasonable adjustment" remains a central point of contention. Legal experts note that while employers are not required to grant every request—such as in a recent tribunal case where an applicant requested advance access to exam questions beyond what was deemed necessary—companies must justify their decisions and explore viable alternatives. As employment lawyers observe, larger corporations face higher expectations to accommodate neurodivergent staff, signaling a permanent evolution in workplace culture and legal compliance.