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Neurodiversity employment tribunal cases are becoming more common across the UK. HR teams and managers are often involved in complex situations where there is pressure to balance operational demands, individual needs and organisation processes.

A recent NHS employment tribunal involving an autistic pharmacist shows how difficulties can escalate when reasonable adjustments are not reviewed and applied in practice

What happened

The employee experienced difficulties at work that were linked to autism. More specifically, these related to communication and behaviour. The Trust had concerns about patient safety and how the role was being carried out.

Rather than reviewing the role and exploring adjusted ways of working, the Trust relied heavily on formal processes. The employee was placed on long periods of involuntary authorised leave and later dismissed.

The tribunal found that the Trust did not properly review whether reasonable adjustments could reduce difficulties. The Trust did not sufficiently adapt expectations or management approaches once it knew the employee was neurodivergent.

After a remedy hearing, the tribunal awarded substantial compensation for disability discrimination and unfair dismissal.

Three takeaways

1. Processes need to be supported by practical action

The Trust followed formal procedures, but this did not protect it from liability. The tribunal was clear that process alone is not enough.

Employers need clear ownership of adjustment decisions. Someone must take responsibility for reviewing the role, agreeing changes and acting in practice. Referrals and procedures should support action, not delay it.

“Issues escalate when people default to process and no one takes ownership of making day-to-day adjustments.”

Mark Pitt, Director of Defence Services & General Secretary, The Pharmacists’ Defence Association

Its important to make it clear who owns adjustment decisions and who can act on them. Referrals and assessments work best when they support timely action rather than slowing it down. Early, practical changes often prevent issues from escalating.

2. Explore strategies and adjustments

The tribunal accepted that patient safety was a legitimate concern. However, it said the Trust should have explored adjusted ways of working before excluding the employee. Safety concerns do not remove the duty to make reasonable adjustments.

High-risk environments require careful adjustment, not default exclusion.

3. Exclusion should not be the default response

The employee spent long periods away from work on authorised leave. The tribunal was critical of this approach.

Extended exclusion increased stress and made return harder. It did not resolve the underlying issues.

When HR supports managers to have early conversations and review roles in practice, issues are more likely to be resolved before they escalate. Practical training helps managers to feel more confident to have these conversations and acting early.

What this Neurodiversity Employment Tribunal means for HR teams

This case shows how easily responsibility can become unclear when organisations rely heavily on process. When concerns are raised, it is not always obvious who is responsible for reviewing the role, agreeing adjustments and making changes happen.

For HR teams, this means helping to clarify ownership early. Managers need to know what decisions sit with them, when to act, and when to involve HR. HR’s role is not to replace manager action, but to support it by giving clear guidance, reassurance and direction.

This also means avoiding situations where issues move through referrals, assessments or formal steps without anyone taking responsibility for day-to-day changes. HR can add real value by helping managers focus on what can be adjusted now, rather than waiting for processes to conclude.

Building confidence across HR teams is part of this. When HR professionals feel clear about roles, responsibilities and reasonable adjustments, they are better placed to support managers to act early and appropriately.

Neurodiversity training for HR and managers can give confidence to create this clarity. Once there is a shared understanding and language around Neurodiversity and adjustments, early concerns can turn in to practical action.

At Adjust we support employers and start the neurodiversity conversation through training and consultancy. Read about other Neurodiversity Employment Tribunals here:

Lessons from the Capgemini Tribunal: Supporting Neurodivergent Employees in Practice

5 ways to achieve Neuro-Inclusion: Lessons from NPower Tribunal