Employment tribunal claims are rising: what employers are missing about neurodivergence at work
There’s been a noticeable rise in employment tribunal claims in the UK.
For many organisations, that understandably sharpens the focus on policy, process and legal defensibility. HR teams are reviewing decisions, tightening documentation and ensuring their approach stands up to scrutiny.
But when you look a level deeper, something else is happening.
Most employment tribunal claims don’t start in a courtroom.
They start much earlier – in the day-to-day reality of work.
Where employment tribunal risk actually begins
In everyday moments that didn’t get resolved.
A conversation that didn’t happen.
A concern that wasn’t explored.
A change in behaviour that was noticed, but not followed up.
Or more broadly:
- unclear expectations
- inconsistent management
- pressure building without being addressed
- employees struggling but trying to push through
I came across this article from Thrive Law which captures this pattern well:
Their perspective reinforces an important point: tribunal claims are often the result of issues that have escalated over time, not isolated incidents.
Neurodiversity at work: the gap employers are still missing
This is where neurodiversity at work becomes critical.
Not because neurodivergence is always missed, but because it’s often not supported early or effectively enough.
The early signs don’t always present clearly.
A capable employee may start to struggle with prioritising.
Communication may become shorter, slower or more reactive.
Performance may become inconsistent or harder to interpret.
From the outside, this can look like a straightforward performance issue.
But often, what’s sitting underneath is friction – how work is structured, communicated or managed. For neurodivergent employees, that friction can significantly impact performance if it isn’t recognised and addressed early.
How lack of support increases tribunal risk
When neurodivergent employees are not supported early, people risk increases.
Not because managers don’t care – in most organisations, they do.
The hesitation usually comes from:
- uncertainty about what’s appropriate to ask
- concern about fairness and consistency
- fear of making incorrect assumptions
- worry about complicating performance management
So conversations get delayed. And in that delay, situations often become more difficult to resolve.
Employees may feel misunderstood or unfairly judged.
Managers may become more cautious or frustrated.
HR becomes involved later, once issues have escalated.
At that point, what could have been addressed informally may move into formal processes – increasing the likelihood of grievance or employment tribunal claims.
Why policy alone won’t reduce employment tribunal claims
When claims rise, organisations often focus on:
- policies
- processes
- legal defensibility
All of which are important.
However, the biggest lever for reducing employment tribunal risk isn’t policy.
It’s manager capability.
What actually helps: supporting neurodivergent employees earlier
The organisations I see handling this well don’t wait for certainty.
They equip managers to respond earlier, with curiosity and confidence.
Not to diagnose. But to understand where there might be disadvantage and what can be improved.
In practice, this includes:
- noticing changes in behaviour earlier
- asking open, non-assumptive questions
- understanding work-related barriers
- making small adjustments to how work is structured or communicated
These are often simple changes.
But they can significantly improve wellbeing and performance, reduce friction and prevent escalation.
Supporting neurodivergent employees and reducing workplace risk
If your managers are navigating situations that feel hard to interpret or issues are escalating further than they need to, this is where practical support can make a difference.
From £450, I work with organisations to:
- support neurodivergent employees more effectively
- build manager confidence in real situations
- reduce unnecessary friction at work
- improve wellbeing and performance while reducing people risk
Find out more or book a free, no obligation discovery call.