A recent Employment Tribunal decision has reinforced the importance of employers taking reasonable adjustments seriously, particularly where neurodivergent conditions such as ADHD are concerned.

The case involved a police force that was found to have breached its obligations under the Equality Act 2010 after failing to properly consider an employee’s request for noise-cancelling headphones as a workplace adjustment.

The Facts

The employee, who had been diagnosed with ADHD, experienced significant difficulty concentrating in a noisy working environment. As part of managing their condition, they requested noise-cancelling headphones to help reduce distractions and improve focus.

Despite the relatively low cost and straightforward nature of the request, the employer did not implement the adjustment. Instead, the tribunal heard that the request was either delayed, dismissed, or not meaningfully explored.

The Tribunal’s Findings

The Employment Tribunal concluded that:

• ADHD can amount to a disability under the Equality Act where it has a substantial and long-term adverse effect on day-to-day activities
• The employer had knowledge (or ought reasonably to have had knowledge) of the employee’s condition
• The request for noise-cancelling headphones was a reasonable adjustment
• The employer failed in its duty by not taking appropriate steps to accommodate the employee

As a result, the employer was found to have unlawfully discriminated against the employee by failing to make reasonable adjustments.

Key Takeaways for Employers

This case highlights several important points for employers:

1. Neurodiversity must be taken seriously
   Conditions such as ADHD, autism, and dyslexia are increasingly recognised in the workplace. Employers should not underestimate their impact or dismiss requests as minor or optional.
2. “Reasonable” can mean simple and low-cost
   Adjustments do not need to be complex or expensive. In this case, a relatively inexpensive piece of equipment could have made a significant difference.
3. Process matters as much as outcome
   Even if an employer ultimately decides not to implement an adjustment, they must demonstrate that the request was properly considered, explored, and assessed.
4. Line manager awareness is critical
   Often, these situations arise from a lack of understanding at management level. Training managers to recognise and respond appropriately to adjustment requests is key.

How Bhayani Law Can Help

Navigating reasonable adjustments and neurodiversity in the workplace can be complex, particularly where legal risk is involved.

At Bhayani Law, we support employers by:

• Advising on whether a condition is likely to meet the definition of disability under the Equality Act
• Guiding you through handling reasonable adjustment requests in a legally compliant way
• Providing practical, commercially-focused solutions that work for your business
• Supporting managers in real time when issues arise
• Reviewing and updating policies to reduce risk

Our approach is pragmatic and proactive, helping you avoid issues escalating into grievances or tribunal claims.

Practical Steps to Reduce Risk

Employers should consider:

• Reviewing reasonable adjustment policies to ensure they are clear and accessible
• Training managers on handling disability-related requests
• Engaging in meaningful consultation with employees about what support they need
• Keeping written records of decisions and rationale
• Seeking occupational health advice where appropriate