Creating an inclusive workplace means recognising that employees experience and process the world in different ways. As awareness of neurodiversity continues to grow, employers are increasingly expected to understand how conditions such as dyspraxia in the workplace affect staff.

A recent employment tribunal case illustrates the importance of taking these factors into account. A disabled employee with dyspraxia was awarded more than £51,000. This came after successfully claiming against her employer following disciplinary action relating to her repeated misgendering of a transgender colleague. The tribunal found that the employer hadn’t made appropriate allowances for her disability and had subjected her to discrimination.

The decision serves as an important reminder that employers have legal obligations to consider how disabilities, including neurodivergent conditions, may influence an employee’s conduct before taking disciplinary action. It also highlights the importance of making reasonable adjustments for neurodiversity and ensuring disciplinary procedures are fair and proportionate.

If you believe your employer has failed to make reasonable adjustments, it’s important to seek legal advice. Whether you’re requesting support at work or considering a potential disability discrimination claim, understanding your rights is the first step.

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The Employment Tribunal Case

An employee with dyspraxia was awarded more than £51,000 after bringing successful disability discrimination claims against her employer.

The employee had repeatedly misgendered a transgender colleague, something the employer regarded as misconduct. However, the employee argued that her dyspraxia affected memory, language processing, and communication. This made it more difficult for her to consistently use the correct pronouns, despite her genuine efforts.

Rather than properly considering the impact of the employee’s disability, the employer proceeded with disciplinary action. The tribunal held that the employer hadn’t adequately accounted for the effects of the employee’s disability when managing the situation. It, therefore, concluded that the employer’s actions amounted to discrimination arising from disability, resulting in an award of over £51,000.

The judgment demonstrates that while employers are entitled to address workplace conduct, they must also carefully consider whether a disability has contributed to the behaviour in question before deciding how to respond.

Understanding Dyspraxia in the Workplace

Dyspraxia in the workplace can present a variety of challenges depending on the individual. Also known as Developmental Coordination Disorder (DCD), dyspraxia is a lifelong neurological condition. It affects movement, coordination, memory, planning, organisation, and information processing.

Although many people associate dyspraxia with physical coordination, its effects often extend far beyond motor skills. Individuals may experience difficulties remembering names, recalling verbal information,  or processing language quickly. They may also face challenges with organising tasks, managing time, or adapting to changes in routine.

These challenges can affect workplace communication and performance in different ways. An employee may struggle to remember verbal instructions, confuse terminology,  or forget appointments. They may also unintentionally use incorrect language despite having no intention to offend.

As with many neurodivergent conditions, the impact of dyspraxia varies significantly between individuals. Some employees require very little support, while others may benefit from adjustments that enable them to carry out their role more effectively.

Neurodiversity in the Workplace

The tribunal’s decision also highlights the broader issue of neurodiversity at work.

Neurodiversity is an umbrella term used to describe the natural variation in how people’s brains process information, learn, communicate, and interact with others. In addition to dyspraxia, neurodivergent conditions may include autism, attention deficit hyperactivity disorder (ADHD) and other recognised neurological differences.

Read More: Neurodiversity Rights: What the Capgemini ADHD Tribunal Case Reveals About Reasonable Adjustments

Many neurodivergent employees bring significant strengths to the workplace, including creativity, problem-solving abilities, attention to detail, innovation, and specialist knowledge. However, they may also experience challenging environments, not designed with their different ways of thinking and processing information in mind.

For employers, creating an inclusive workplace means recognising these differences and considering whether additional support or adjustments may be required.

What Are Reasonable Adjustments for Neurodiversity?

Under the Equality Act 2010, employers have a legal duty to make reasonable adjustments for neurodiversity where a disabled employee would otherwise be placed at a substantial disadvantage.

What’s considered reasonable will depend on the individual circumstances, the nature of the role, and the resources available. The aim is not to remove every difficulty but to reduce avoidable disadvantages that arise because of the employee’s disability.

For employees with dyspraxia, reasonable adjustments may take various forms. It could include providing written instructions alongside verbal guidance, allowing additional time to complete certain tasks, or allowing flexibility in how work is organised.

In communication-related situations, employers may also need to recognise that genuine mistakes caused by a disability should not automatically be treated in the same way as deliberate misconduct.

Open conversations between employers and employees are often the most effective way of identifying adjustments that will provide meaningful support.

What Is Discrimination Arising From Disability?

In the above case, the tribunal found that the employer had subjected the employee to discrimination arising from disability, a legal concept contained within the Equality Act 2010. This type of discrimination occurs when a disabled person is treated unfavourably because of something arising as a consequence of their disability, rather than because of the disability itself.

Importantly, an employer may still be liable even if the treatment was not motivated by prejudice. The key question is whether the unfavourable treatment resulted from something connected to the employee’s disability and whether the employer can objectively justify its actions.

In this case, the tribunal accepted that the employee’s communication difficulties were linked to their dyspraxia and that the employer had failed to properly account for this before taking disciplinary action.

The Importance of a Fair Disciplinary Process

Employers are entitled to address inappropriate workplace behaviour, including conduct that may affect the dignity or well-being of colleagues. However, where an employee has a recognised disability, the disciplinary process must take that disability into account.

Before deciding whether disciplinary action is appropriate, employers should carefully investigate the circumstances, consider any medical evidence, assess whether the employee’s disability may have contributed to the conduct, and explore whether reasonable adjustments could help prevent similar issues in the future.

A disciplinary decision should never be based solely on the outcome of the conduct itself without considering the reasons why it occurred. The tribunal’s decision demonstrates that failing to properly consider the impact of a disability before imposing disciplinary sanctions can expose employers to significant legal liability.

Supporting Employees With Dyspraxia in the Workplace

Supporting employees with dyspraxia is not simply about complying with legal obligations. Creating an inclusive workplace can improve productivity, employee well-being, staff retention, and organisational culture.

Employers should encourage open communication so that employees feel comfortable discussing any support they may require. Managers should receive appropriate training on neurodiversity and understand that different employees may require different approaches to communication, supervision, and performance management.

Read More: Unfair Dismissal for Alleged Timesheet Fraud: Lessons From the €170k Lidl Employment Tribunal Ruling

Regular reviews of workplace adjustments can also help ensure that support remains effective as roles and responsibilities change over time. Most importantly, employers should avoid making assumptions about what an employee can or cannot do based solely on a diagnosis. Support should always be tailored to the individual’s particular needs.

What Happens If Employers Fail to Meet Their Obligations?

Failing to make reasonable adjustments or properly consider the impact of a disability can have serious legal and financial consequences. Employees who experience disability discrimination may be entitled to bring claims before an employment tribunal. Depending on the circumstances, successful claims may result in compensation for financial losses as well as injury to feelings.

In addition to tribunal awards, employers may suffer reputational damage, reduced employee morale, increased staff turnover, and higher recruitment costs if workplace inclusion is not taken seriously.

What Can Employees Do If Their Rights Are Not Respected?

Employees who believe they haven’t received appropriate support should raise their concerns with their employer as early as possible. In many cases, issues can be resolved through informal discussions or internal grievance procedures before legal action becomes necessary.

Where an employee believes their employer has failed to make reasonable adjustments, subjected them to disability discrimination, or conducted an unfair disciplinary process, they may wish to seek independent legal advice.

Should an employment tribunal claim become necessary, it’s important to note that such claims are subject to strict time limits, so employees should act promptly if they believe their legal rights have been breached. Keeping records of workplace discussions, adjustment requests, medical evidence, and disciplinary meetings may also assist if formal proceedings become necessary.

Dyspraxia in the Workplace: Our Final Thoughts

The employment tribunal ruling demonstrates the importance of understanding dyspraxia in the workplace and recognising that disabilities can influence how employees communicate and interact with others.

While employers have every right to address workplace conduct concerns, they must also ensure that they properly consider the effects of an employee’s disability before taking disciplinary action. Failing to make reasonable adjustments for neurodiversity or overlooking the impact of a disability may result in discrimination arising from disability and significant financial consequences.

For employees, the decision reinforces that neurodivergent workers are protected under the Equality Act 2010 where their condition amounts to a disability. If employers fail to provide appropriate support or carry out a fair disciplinary process, employees may have legal remedies available.

Ultimately, the case highlights the importance of balancing respectful workplace standards with an employer’s duty to understand and accommodate disability. By approaching disciplinary matters fairly and thoughtfully, employers can create more inclusive workplaces while reducing the risk of costly claims.

Get Help with Dyspraxia in the Workplace

If your employer has subjected you to disability discrimination, it’s important to seek legal advice. Understanding your rights can help you determine whether your employer has complied with its legal obligations. It can also ensure you know what steps you can take if those obligations haven’t been met.

At Redmans Solicitors, our specialist team advises employees on dyspraxia in the workplace, reasonable adjustments for neurodiversity, and more. We can assess your circumstances, explain your legal options, and help you achieve the best possible outcome.

• Call us on 020 3397 3603
• Request a callback via our online form