Rise in neurodivergence mentions in employment tribunals reveals workplace pressures

Employment tribunal cases citing neurodivergent conditions have nearly doubled in five years as NHS waiting lists for ADHD assessments stretch into years and the economic cost of unsupported cases climbs. One ruling against a major retailer underscores the human toll and the need for practical adjustments grounded in evidence rather than regulatory expansion.

Joseph Smith

25 Jul. 2026 · 06:22 3 min read Listen

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Intelligent summary

Employment tribunal mentions of neurodivergent conditions nearly doubled from 265 in 2020 to 517 in 2025.
Ryan Toghill was awarded more than £45,000 after a tribunal ruled Lidl failed to make reasonable adjustments for his ADHD.
The independent ADHD Taskforce estimates the annual economic cost of unsupported ADHD at £17 billion, with NHS assessment waiting lists at record levels.

The number of employment tribunal cases mentioning neurodivergent conditions has risen sharply from 265 in 2020 to 517 in 2025. This increase arrives as NHS waiting lists for ADHD assessments sit at record levels, with hundreds of thousands of open referrals and some patients facing waits of several years.

Diagnosis rates for ADHD in UK adults have climbed substantially since the pandemic. Research from UCL showed a 20-fold increase between 2000 and 2018. A study published in the Lancet in June found that 1.2 percent of adults in England have a recorded diagnosis, against an estimated prevalence of 3 to 5 percent. The figures point to both genuine under-diagnosis in certain groups and a broader rise in awareness that has brought new pressures on workplaces and support systems.

An independent ADHD Taskforce report published in November 2025 put the annual cost to the UK economy of not treating ADHD at around £17 billion. The report stated that these economic costs are avoidable.

Economic costs of at least £17 billion are avoidable as, when appropriately supported, individuals with ADHD can thrive.

The taskforce called for assessments to be treated with the same urgency as physical health conditions.

One case has drawn particular attention. Ryan Toghill, a deputy store manager at Lidl, was dismissed for gross misconduct after using a powered pallet truck without the required training. An employment tribunal ruled that Lidl unfairly dismissed him, that the dismissal amounted to unfavourable treatment because of his ADHD, and that the company failed to make reasonable adjustments during the disciplinary process.

The judgment in R Toghill v Lidl Great Britain Ltd was issued on 26 September 2024 and corrected on 25 October 2024. Employment Judge S Moore detailed how Toghill's condition affected him.

The claimant’s ADHD affects him in the following ways: a) He experiences ‘rejection sensitivity’...

Toghill was awarded more than £45,000.

These tribunal figures and the Toghill ruling arrive against a backdrop of stretched NHS services. Hundreds of thousands of referrals remain open. Families report years-long delays before diagnosis and support materialise. The result is often prolonged uncertainty, lost earnings and strained relationships at home and at work.