How should employers respond when an employee’s behaviour is inappropriate, but may be linked to a health condition or neurodivergence such as autism, ADHD or anxiety?
These are the kinds of conversations we’re having with employers on an almost daily basis, particularly as part of our Workplace Needs Assessments.
So, when a recent high-profile case made headlines about this issue, it felt all too familiar to us.
This isn’t a new problem, it is a workplace reality. Whether it’s misunderstandings around communication, struggles with social cues, or behaviour that others find confusing or disruptive, many employers are unsure how to respond appropriately and legally when neurodivergence may be a factor.
Why it matters
There are legal duties at play, and ethical ones too. Creating an inclusive workplace doesn’t just help individuals thrive; it helps teams function better, reduces turnover, and protects organisations from legal risk.
As Briony Richards of Charles Russell Speechlys notes, employers that don’t foster a supportive, inclusive environment for neurodivergent employees could face discrimination claims, miss out on talented candidates, and see higher staff turnover.
Neurodivergence and the law
Neurodivergent people may be classed as disabled under the Equality Act 2010. That means they are protected from discrimination, not just because of their condition, but because of anything that arises from it.
Employers also have a legal duty to make reasonable adjustments that help remove barriers at work. This could mean:
- Rewriting job descriptions to focus on essential tasks
- Offering flexible hours or remote working
- Making the workplace more sensory-friendly
- Providing screen filters or noise-reducing headphones
- Using clear, plain language for instructions as opposed to vague suggestions or unspoken expectations.
When behaviour becomes a concern
Sometimes, neurodivergence can show up in ways that others find awkward, confusing or even inappropriate. Employers need to strike a careful balance: protecting the wellbeing of everyone in the team, while also exploring whether a behaviour stems from unmet needs or a lack of support.
This doesn’t mean making excuses, it means taking a thoughtful, informed approach that’s fair and consistent.
A better way to respond
If unusual or challenging behaviour is brought to the attention of a line manager, we recommend that the resulting action considers:
- Avoid assumptions, but stay observant
In our experience, expectations around the conduct expected is left to assumption. Make sure the expected standard is communicated well and that everyone adheres to it. It should not be one rule for one and another for someone else. - Create a safe space for disclosure
Don’t ask “Are you autistic?” or “Do you have ADHD?” Instead, try:
“We’ve noticed some challenges around communication. I want to understand if there’s anything we can do to support you better.” - Recognise that context matters
Neurodivergence is not an excuse for poor behaviour, but it might help explain it. Understanding this helps employers respond fairly and constructively. - Make sure your HR policies are up to date
Policies should reflect your legal duties and encourage proactive support. Consequences for sub-standard performance and conduct should be made clear. - Don’t cherry-pick which disabilities to support
Neurodivergence isn’t always visible or easy to navigate. Employers must be consistent in their approach to all forms of disability. - Train your managers
Line managers are usually the first to notice signs of neurodivergence. With the right training, they can respond supportively, confidently and legally.
Build a culture of understanding, not blame
This is one of the most frequent challenges we see during workplace needs assessments, and it’s not going away. The good news? With the right knowledge, training and culture shift, employers can get this right.
Our HR and line manager training gives your team the skills and confidence to respond with empathy, fairness and legal awareness.
Get in touch to find out more about how we can help.
Our hybrid Level 4 course enables you to train your own Neurodiversity Workplace Needs Assessors, equipping staff to build inclusive environments and make effective adjustment recommendations that improve wellbeing, productivity and retention.