Bosses must up readiness on worker needs
Neurodiversity refers to differences in how individuals process information and commonly includes Autism Spectrum Condition, ADHD, dyslexia, dyspraxia, dyscalculia, OCD and sensory processing issues.
Estimates of the number of people affected vary but a sharp rise in diagnoses since the 1990s is undisputed.
Autism prevalence
CDC Prevalence Data (2000-2022): autism prevalence in the US rose from one in 150 children in 2000, to one in 31 in 2022 while a detailed breakdown for Britain is available from the Neurodiversity Directory.
A 2024 poll by Bank of Ireland and Red C found that “one in 10 identify as neurodivergent… against a global average of 15 to 20%.”
January 2026 research from the Institute of Education at Dublin City University (which included anxiety and depression as neurodivergent conditions) found that one in four corporate employees self-identify or have been diagnosed as neurodivergent.
According to the British Medical Journal, the rise is largely attributable to improved awareness, broadened assessment criteria (such as the integration of Asperger's into the Autism Spectrum Disorder diagnosis and better awareness of how symptoms present in women and adults), as well as improved diagnostic practices.
Legally, neurodivergence is a protected characteristic under the Employment Equality Acts.
Discrimination claims involving neurodivergent employees may include allegations that the neurodivergent employee was treated “less favourably” or that an employer failed to provide reasonable accommodation to support the neurodivergent employee in the workplace.
The statutory framework imposes both a negative duty not to discriminate and a positive duty to facilitate participation.
The increasing prevalence of neurodivergence requires employers to be aware and prepared, according to Aisling Parkinson, (small picture) partner at Lewis Silkin.
Everyone will differ as to how they wish to be treated in the workplace.
Aisling Parkinson stresses: “you cannot make assumptions about what accommodations look like for one person, because it will not look the same for everybody.”
Employees have no legal obligation to disclose a condition; however, disclosure is often in an employee’s interest.
Upon disclosure of a neurodivergent condition, an employer should carry out an assessment to determine what reasonable accommodations can be provided.
Non-disclosure of a neurodivergent condition means there is no basis for accommodations under the Employment Equality Acts.
Proactive
Reasonable accommodation is proactive and practical.
Aisling Parkinson explains that “the legal obligation is to view that individual in the role once those measures are in place.”
Engagement with the employee is crucial.
Modest adjustments, such as those regarding desk location or lighting, may not require medical evidence.
Other adjustments may involve adapting management practices.
Creative
Giving an example of an employee who might struggle with criticism, Aisling Parkinson says it is sometimes a question of being “creative.”
A manager might, she suggests, try giving written feedback which can be discussed once an employee has had time to process it.
More complex accommodations would usually require consultation or occupational health evidence.
Furthermore, disclosure of a neurodivergent condition should be treated confidentially as such information is deemed to be “sensitive personal data because it pertains to [an employee’s] health status,” Aisling Parkinson explains.
However, organisational preparedness is essential and refusal of modest accommodations is difficult to justify, the Lewis Silkin lawyer said.