Workplace Rights Guide
This guide covers employment rights under the Equality Act 2010 in England, Scotland and Wales. Arrangements in Northern Ireland are broadly similar but governed by separate legislation.
Your rights at work as a neurodivergent person — reasonable adjustments, when and how to disclose your condition, Access to Work, and what to do if your employer refuses.
Your legal rights
Under the Equality Act 2010, neurodivergent conditions — including autism, ADHD, dyslexia, dyspraxia, dyscalculia, and related conditions — can qualify as disabilities if they have a "substantial and long-term adverse effect on normal day-to-day activities."
You do not need a formal diagnosis for the Equality Act to apply. What matters is the impact your condition has on your life, not whether you have a piece of paper confirming a label.
Your employer cannot treat you less favourably because of your condition — directly or indirectly through policies that disproportionately disadvantage neurodivergent employees.
Your employer has a legal duty to make reasonable adjustments to remove or reduce the disadvantage caused by your condition. This is not optional.
Conduct related to your disability that creates a hostile, degrading, or humiliating environment is harassment under the Equality Act.
When and how to tell your employer
You are not legally required to disclose your condition to your employer. However, if you do not disclose, your employer cannot be expected to make adjustments — and the legal duty to adjust only applies once they are aware (or should reasonably be aware) of your condition.
Key points about disclosure
- Without disclosure, your employer cannot make meaningful adjustments
- Once you disclose, your employer has a legal duty to respond reasonably
- You choose when to disclose, how much detail to share, and who to tell
- You are not obliged to share a medical report or formal diagnosis
How to disclose
- In writing — email to HR or your line manager — is recommended, as it creates a record
- You can describe the impact without naming a specific diagnosis: "I have a neurodevelopmental condition that affects my processing speed and working memory in certain situations"
- You do not need to use the word "disabled"
- Consider disclosing to HR confidentially before speaking to your direct manager if that feels safer
"I have [autism / ADHD / dyslexia] which affects [specific areas — e.g. processing verbal instructions quickly, managing multiple deadlines at once, or sensory sensitivity in a busy office]. I would like to discuss reasonable adjustments that would help me perform at my best."
Keep the focus on impact and solution, not on the condition itself.
Requesting reasonable adjustments
Your employer has a legal duty to make "reasonable" adjustments once they are aware of your disability. What counts as "reasonable" depends on several factors:
- Cost — relative to the size and resources of the employer
- Practicality — how feasible the adjustment is in the context of the role
- Effectiveness — whether the adjustment is likely to remove or reduce the disadvantage
Common adjustments for neurodivergent employees
- Flexible start and finish times to avoid peak commuting hours or manage energy levels
- Partial or full working from home
- Written instructions and meeting agendas sent in advance
- A quiet workspace or permission to use noise-cancelling headphones
- Regular short 1:1 check-ins with a line manager for priority clarity
- Deadlines communicated in writing with clear priority ordering
- Extra time for written assessments or tasks during recruitment or performance reviews
- A buddy or mentor system for onboarding and ongoing support
- Adjustments to appraisal or performance review processes (e.g. written questions in advance)
- Assistive technology (text-to-speech, speech-to-text, mind mapping software)
- Clear written job descriptions and expectations rather than assumed knowledge
How to make the request
- Put your request in writing to HR or your line manager
- Be specific about what you need and explain why it would help you perform your role
- You do not need to justify the request based on a formal diagnosis — focus on the impact and the solution
- Reference the Equality Act 2010 if your employer seems reluctant
- Use the letter template as a starting point
Access to Work
Access to Work is a government grant scheme administered by the Department for Work and Pensions (DWP). It helps disabled people — including those with neurodivergent conditions — get and stay in work by funding support that goes beyond what an employer can reasonably be expected to provide.
What Access to Work can fund
- Specialist equipment — assistive technology, noise-cancelling headphones, ergonomic furniture
- Mental health support in the workplace (up to 9 months of coaching or support worker sessions)
- Job coaches or support workers
- Travel costs if public transport is difficult due to your condition
- BSL interpreters and communication support
- Support to help with managing workplace tasks and routines
How to apply
- Apply directly at GOV.UK/access-to-work
- You can apply before starting a new job — you do not need to wait until you are in post
- Your employer does not need to be involved at the start of the process
- An assessor will contact you to discuss your needs and the work environment
- You will be offered a grant package to cover agreed support
You do not need a formal diagnosis to apply, but having evidence of how your condition affects your work will support the application. A letter from your GP or a recent assessment report can help.
If your employer refuses
If your employer refuses to make a reasonable adjustment or dismisses your request, take the following steps:
- Ask for the refusal in writing with reasons. An employer who refuses a reasonable adjustment should be able to explain why — whether that is cost, impracticality, or a counter-proposal. Get this in writing.
- Raise a formal grievance if you believe the refusal is unjustified. Follow your employer's grievance procedure. Keep copies of all correspondence.
- Contact ACAS for free, confidential advice: 0300 123 1100 or at acas.org.uk. ACAS can also provide early conciliation before a Tribunal claim is made.
- Seek legal advice. Many employment solicitors offer a free initial consultation. Citizens Advice can also provide initial guidance.
- File an Employment Tribunal claim if the matter is unresolved. You must do this within 3 months (less one day) of the act you are complaining about. This is a strict deadline — do not wait.
If you are disciplined or dismissed
If you believe a disciplinary action or dismissal is connected to your neurodivergent condition — for example, because reasonable adjustments were not in place when your performance was assessed — you may have grounds to challenge it.
- Keep all documentation — disciplinary letters, emails, meeting notes, and your own written records of what happened and when
- Request a companion at all formal meetings — you have a legal right to be accompanied by a trade union representative or a colleague at any formal disciplinary or grievance hearing
- Contact ACAS and your trade union (if you are a member) as soon as possible
- Submit a Subject Access Request (SAR) to obtain all records your employer holds about you — emails, HR notes, manager reports, occupational health records. You are entitled to this under UK GDPR
- Seek legal advice on unfair dismissal and/or disability discrimination — these can be argued together in a Tribunal claim
Next steps
Here is a practical summary of what to do now:
- Write down the specific ways your condition affects your work — be concrete and give examples
- Request a meeting with HR or your line manager to discuss your needs
- Use the letter template to formally request reasonable adjustments in writing
- Apply for Access to Work at GOV.UK/access-to-work — it is free and you can apply without telling your employer first
- Contact ACAS (0300 123 1100) for free, confidential employment advice
- Contact your trade union if you are a member