A recent employment tribunal ruling has revealed the nuances of reasonable adjustments for neurodivergent employees. Ms Khorram worked at technology services company Capgemini as a cloud technologist with over 25 years of experience. After a series of probation meetings, she told her employer that she was on ADHD medication, which was affecting her ability to perform her day-to-day tasks.
In response, the company arranged an occupational health assessment that recommended the team undertake a training seminar on working with individuals with ADHD. However, the seminar was not implemented after Ms Khorram expressed her discomfort with the company insisting she attend.
The company also failed to implement coaching sessions aimed at enhancing communication between HR at Capgemini and Ms Khorram. These oversights were deemed by the tribunal to constitute a failure to make reasonable adjustments, resulting in Ms Khorram being partially successful in her claim.
Following this tribunal decision, you may be questioning what constitutes reasonable adjustments and how businesses can ensure that neurodivergent employees are supported effectively.
Below, we answer these queries, share best practices and examine where Capgemini went wrong.
Who qualifies for reasonable adjustments?
The Equality Act 2010 recognises that there are varying degrees of neurodiversity and aims to protect those with a ‘significant impairment’ who would be recognised as having a ‘disability’. To qualify, the individual must have a mental impairment that has a substantial and adverse effect on their ability to perform their day-to-day life activities. As a result, employers have a duty to consider ‘reasonable adjustments’ for employees who are protected under the Equality Act.
Reasonable adjustments aim to help and support neurodiverse colleagues navigate the demands of a modern working environment
What is the aim of reasonable adjustments?
The goal of making ‘reasonable adjustments’ is to support an employee with, in this instance, a neurodivergent disability. It’s about ensuring the affected individual does not suffer any disadvantage compared to their neurotypical colleagues.
Employers put such measures in place to remove or minimise barriers, strengthen existing coping strategies or develop new ones, and provide individuals with the tools to thrive at work.
By doing so, the organisation recognises that while an employee may struggle in some areas, they still have strong capabilities in others. They may simply require additional support to perform effectively in the workplace.
Most importantly, reasonable adjustments aim to help and support neurodiverse colleagues navigate the demands of a modern working environment, while reducing any stress or challenges they may encounter.
What reasonable adjustments are commonly made for ADHD or neurodivergent employees?
Some common reasonable adjustments employers might consider for employees with ADHD or other neurodivergent conditions are:
- Additional reminders for upcoming deadlines, particularly if the employee has multiple due in a short period of time.
- Extended time to complete deadlines.
- Awareness of the affected employee’s existing workload when allocating tasks to help avoid multitasking, as many people with ADHD struggle with time management.
- Allowing frequent breaks to leave the office space.
- Sensitivity around social scenarios outside of the workplace, such as informing the employee about an upcoming event before the rest of the team.
- Providing sessions between the manager and employee to create an open forum for productive communication.
- Standing desks to promote increased focus and reduce restlessness.
Where Capgemini failed to make reasonable adjustments
In the case of Ms Khorram, she was recognised by the tribunal to have a substantial disadvantage due to her difficulties with multitasking and observing deadlines, caused by her ADHD.
The tribunal found that Capgemini had failed to meet its legal duty to make reasonable adjustments, including:
- Failures to provide achievable and realistic tasks.
- Neurodiversity or ADHD awareness training.
- Coaching sessions focused on time management and coping strategies.
Neurodiversity awareness should be part of the workplace culture, not just a reactive measure with little value.
Undiagnosis, disclosures and confidential conversations
Employers should attempt to support all neurodivergent colleagues by understanding their needs, encouraging open communication and implementing measures that enhance workplace performance.
Many employees may be undiagnosed or choose not to disclose their diagnosis. Employers must respect this autonomy and avoid pressuring individuals into uncomfortable discussions, which could feel like an interrogation.
To establish trusting relationships, some businesses find that encouraging individual conversations can foster an environment where employees may feel more comfortable and confident to disclose their conditions. This enables employers to better support affected individuals.
Confidential conversations can also provide a sensitive response to cases where performance concerns have arisen and may be causing wider issues in the workplace.
Charity support, occupational health assessments and coaching
Alternatively, employers can also seek guidance from neurodiversity-focused charities to better understand signs of neurodivergence and approach conversations with empathy and discretion.
For employees who do disclose their conditions, an occupational health assessment can provide professional advice on what supportive measures an individual may need. Its purpose is not to investigate, but rather to advise and guide employers on appropriate workplace adjustments.
In Ms Khorram’s case, the occupational health report identified her difficulty in consistently meeting deadlines due to her ADHD, yet she was still assigned additional objectives. This meant she was forced to multitask, which she had already expressed difficulties with.
HR representatives also failed to follow up on the report’s recommendations for additional coaching sessions. The employment tribunal deemed the lack of understanding and engagement to be a key failure in the implementation of reasonable adjustments. This result highlights the importance of employers to not only commission assessments but also act sufficiently on the guidance provided.
Creating a truly inclusive workplace requires proactive – not just reactive – support. Employers must go beyond ticking boxes.
Investing in neurodiversity training
To create a psychologically safe environment for neurodiverse employees, educating whole teams often prevents misinformation and fosters awareness of neurodivergent conditions. Incorporating this education into broader diversity training helps ensure that any neurodiverse employees are not at the center of, or the reason for, the training.
Ms Khorram and Capgemini’s HR team both agreed that neurodivergence training, recommended by the occupational health report, could have been a constructive step. However, Ms Khorram declined to attend because it was made clear that the proposed session was prompted by her diagnosis. As a result, the training never took place, and the tribunal found this constituted a key failure to make reasonable adjustments.
This case highlights the importance of designing training that is inclusive by default. Neurodiversity awareness should be part of the workplace culture, not just a reactive measure with little value.
Becoming truly neuroinclusive
Creating a truly inclusive workplace requires proactive – not just reactive – support. Employers must go beyond ticking boxes and consider tailored adjustments and consistent, effective communication.
As seen in Ms Khorram’s case, failure to act sensitively and follow recommendations without good reason can lead to legal consequences and erode trust.
Team-wide education can also foster understanding and embed neurodiversity into broader inclusion efforts that help create a psychologically safe culture where all employees can thrive.
