The recent Employment Tribunal case of Ms B Khorram v Capgemini UK plc (6004705/2024) has sparked important conversations among employers about their legal and cultural responsibilities to support neurodivergent employees. The case serves as a reminder that failing to make reasonable adjustments for conditions such as ADHD can constitute disability discrimination under the Equality Act 2010.

Why supporting neurodivergent employees matters

Supporting employees with neurodivergent conditions isn’t just a legal obligation, it’s key to creating an inclusive, productive workplace. Failing to act can lead to poor performance, low morale, reputational risks, and potential litigation.

What happened

Bahar Khorram joined Capgemini UK as a Cloud Technologist, bringing over 25 years of industry experience. After receiving her ADHD diagnosis in 2022, she disclosed her condition and explained the challenges she faced with unstructured tasks, excessive multitasking, and workplace ambiguity.

Despite this, Ms Khorram was assigned demanding tasks with strict deadlines during her probationary period.

She raised concerns and requested adjustments, such as:

1. Clearer task setting
2. ADHD awareness training for her team

An occupational health assessment in October 2023 aligned with her requests and recommended:

1. Coaching sessions focusing on time management and coping strategies
2. Realistic and achievable task setting
3. ADHD and neurodiversity awareness training for colleagues and managers
4. Manager-led coaching support

However, Capgemini failed to implement these recommendations. When Ms Khorram asked her line manager to attend ADHD training with her, there was no response. Rising tensions led to sick leave and then annual leave, and in January 2024, she informed HR of her intention to lodge a grievance regarding the lack of support and an intimidating working relationship with her manager.

Her probation was extended, but the situation did not improve, and she was ultimately dismissed due to ongoing performance issues.

Tribunal findings

The Employment Tribunal held that Capgemini failed to make reasonable adjustments under sections 20 and 21 of the Equality Act 2010. The failure to implement ADHD awareness training and other recommended adjustments was considered a continuing act of disability discrimination.

Key takeaways for employers

1. Early recognition and engagement

• Support employees promptly after disclosing a disability or neurodivergence.
• Engage in open communication to identify needs and implement support effectively.

2. Duty to make reasonable adjustments

• Employers are legally required to make adjustments for neurodivergent employees.
• Ignoring occupational health recommendations or employee requests can amount to discrimination.

3. Implement recommendations

• Act on suggested adjustments, such as coaching, task management support, flexible deadlines, and awareness training.

4. Manager and team awareness

• Train colleagues and managers on ADHD and neurodiversity.
• Equip managers to provide ongoing support tailored to the employee’s needs.

5. Monitor and review

• Regularly review adjustments to ensure they remain effective.
• Extending probation alone is not enough.

6. Documentation and accountability

• Keep clear records of disclosures, requests, recommendations, and actions taken.

7. Cultural and legal responsibility

• Supporting neurodivergent talent strengthens workplace culture.
• Neglecting these responsibilities can lead to litigation, reputational damage, and loss of talent.

Key takeaways for employees

1. Know your rights

• ADHD and other neurodivergent conditions may be recognised as disabilities under the Equality Act 2010, entitling you to reasonable adjustments.

2. Disclose and communicate early

• Inform your employer as soon as possible to allow adjustments to be discussed and implemented.

3. Request adjustments clearly and in writing

• Specify the support you need and keep written records of all communications.

4. Engage with occupational health

• Use assessments to identify suitable adjustments and document whether they are being implemented.

5. Seek advice when needed

• If adjustments are not provided or you experience unfair treatment, seek legal advice early to protect your position.

Supporting neurodivergent employees is not just about compliance, it’s about creating a workplace where everyone can succeed. Early recognition, clear communication, and implementation of reasonable adjustments benefit both employees and employers, reducing risk and fostering inclusion.

We offer specialist neurodiversity, equality and inclusion training for managers and teams. If you’d like to build confidence, improve awareness, and ensure legal compliance, speak to us about booking a session for your organisation on 0333 888 1360 or email [email protected]