Autism Discrimination at Work: Can a Diagnosis Protect You Under UK Law?

Published : July 30, 2025

In the case of Mr Harry Stedman v Haven Leisure Ltd, a job applicant won his appeal after an Employment Appeal Tribunal (EAT) ruled that an ADHD or autism diagnosis can satisfy the legal definition of a disability under the Equality Act 2010. His case will now be sent back to the Employment Tribunal (ET) for reconsideration, following its initial dismissal of his ADHD and autism discrimination claim.

In this article, we examine the case facts and set out the EAT’s judgment. We then address the question, “Is neurodiversity a protected characteristic?” and discuss when a neurodivergent individual may be entitled to request adjustments at work.

If you have any questions about autism or ADHD workplace accommodations or believe your rights have been violated, please don’t hesitate to get in touch. Redmans Solicitors are experts in the employment sector, and following a brief chat, we can answer your queries and discuss your next steps.

To learn how we could help you today, please:

EAT Clarifies Disability Definition in Autism Discrimination Case

Mr Harry Stedman (“the Claimant”) had applied for a job at Haven Leisure Ltd (“the Respondent”). He had a diagnosis of autism and ADHD, and after his application was rejected, he claimed disability discrimination.

However, during the initial ET proceedings, his claim was dismissed on the basis that his impairments didn’t satisfy the legal definition of disability. Specifically, it held that his impairments didn’t substantially impact his ability to undertake typical daily activities.

In its reasoning, the ET noted the Claimant’s ability to form social relationships and visit friends. It also highlighted his academic achievements, given that he’d achieved A* grades at A level and held a degree.

However, the Claimant disagreed with this ruling and he appealed to the EAT. He labelled the ET’s decision to dismiss his ADHD and autism discrimination claim “perverse,” especially since he’d provided medical evidence confirming his diagnosis. He also alleged that there had been too much focus on what he could do, rather than what he couldn’t.

In its ruling, the EAT held that the original ET had erred in its judgment. While it found that a clinical diagnosis doesn’t automatically establish a legally defined disability, it must be treated as evidence of both the condition and its likely impact, unless there’s reason to doubt it. A clinical diagnosis reflects significant difficulties, and tribunals must give the view proper weight and explain any departure from it.

The EAT further clarified that a “substantial” impact need only affect just one daily activity to meet the legal threshold. So, while the Claimant’s academic success and social connections were noted, they didn’t negate the significant difficulties identified in his clinical diagnosis. Consequently, the discrimination claim will be remitted to the original ET for reconsideration in light of the EAT’s guidance.

Is Neurodiversity a Protected Characteristic?

Under the Equality Act 2010, sometimes informally referred to as the “Disability at Work Act,” individuals are shielded against discrimination based on their protected characteristics. This legislation sets out nine specific characteristics, which include sex, race and age. In the case of the ADHD and autism discrimination claim, disability was the characteristic in question.

Discrimination can occur directly, such as dismissing someone because they’re perceived as too old, or indirectly, such as requiring all staff to work on Saturdays, which could disadvantage employees whose religion prohibits working on that day. Such unfavourable treatment can also arise in the form of harassment or victimisation.

If an individual experiences any form of discrimination, they can raise a complaint internally, take the matter to Acas for early conciliation and initiate ET proceedings. A legal specialist would be able to advise on the best course of action. If the matter were to proceed to and succeed in a tribunal, compensation could be awarded.

Is ADHD a Disability?

ADHD, or any form of neurodiversity for that matter, can be considered a disability, provided it satisfies the legal definition. Under the Equality Act 2010, a disability concerns a physical or mental impairment that substantially impacts an individual’s ability to undertake regular, daily activities over the long term.

Therefore, if an individual’s ADHD impacted them in such a way, they would be legally considered disabled. In such circumstances, their neurodivergent condition would constitute a protected characteristic, and they would enjoy protection against ADHD workplace discrimination.

Reasonable Adjustments for Neurodivergent Employees: Legal Duties and Practical Considerations

If an individual’s neurodiversity satisfies the legal definition of disability, they would also be entitled to reasonable adjustments. Said adjustments can include flexible working arrangements, assistive equipment or changes to the working environment. Ultimately, it’s the employer’s responsibility to assess what adjustments are reasonable, often with input from medical or occupational health advice, and based on several factors, including:

  • The cost of implementing the adjustment, taking into account its finances
  • Practicality of implementing the adjustment
  • Effectiveness of implementing the adjustment, determining whether the detriment to the disabled employee would be reduced, and to what degree

If an employer fails to provide adjustments when it’s reasonable to do so, a form of disability discrimination would arise. Individuals in such circumstances could complain internally, take their matter to Acas for early conciliation or file an ET claim. The circumstances and severity of the issue would dictate the best course of action, and specialist advice is usually recommended.

Faced Autism Discrimination? Get Help with Redmans

If you’ve experienced ADHD or autism discrimination, contact Redmans Solicitors now. Maybe you just have questions about ADHD or autism in the workplace and want to learn about your entitlements. Whatever the case, our specialist advisors are here to help.

Following a brief consultation, we can assess your circumstances, address your queries, and discuss the next steps you can take. If you have a valid claim, we can guide you throughout the process and help you achieve an optimal outcome. It only takes a moment to find out how we can assist, simply:

The information on this page is intended for general informational purposes only and does not constitute legal advice.