I wonder if I need to wait for a diagnosis before making reasonable adjustments for a neurodivergent employee?

For employers, understanding when to make reasonable adjustments for neurodivergent employees can be challenging, especially when a formal diagnosis is not in place. This raises the question: Do you need to wait for an official diagnosis before beginning supportive measures?

It’s a common concern, particularly where managers want to do the right thing but are unsure of their legal obligations. What matters most is how an impairment affects someone in their day-to-day life, rather than whether there is an official medical label attached. In other words, you do not need to wait for a diagnosis before offering support.

A 2025 Neurodiversity Index Report by City and Guilds found that 1 in 5 working-age adults in the UK is likely to be neurodivergent with 76% of neurodivergent employees being undiagnosed or self-identified.

In this article, we will be looking into why a diagnosis is not always necessary, and practical steps employers can take straight away in these instances.

When is a Diagnosis Required?

Under the Equality Act 2010, disability is defined as “a physical or mental impairment which has a substantial and long-term adverse effect on a person's ability to carry out normal day-to-day activities”. Crucially, this legal test focuses on the effect rather than the cause, meaning that a formal diagnosis is not required.

The Equality and Human Rights Commission explicitly states: “There is no need for a person to establish a medically diagnosed cause for their impairment. What is important is to consider the effect of the impairment, not the cause”.

Why Employees may not have a Diagnosis

There are legitimate reasons why an employee may lack a formal diagnosis:

• Fear of being misunderstood or negatively labelled.
• Long NHS waiting times causing delays.
• Personal belief that a diagnosis isn’t necessary.

ACAS advises that employers should offer support regardless of diagnosis status, recognising that many may have neurodivergent traits without formal confirmation.

Duty to Make Reasonable Adjustments

Once it becomes clear that an employee is experiencing difficulties that may amount to a disability under the Equality Act, an employer is under a duty to consider reasonable adjustments. These might include:

• Adapting workplace policies or practices.
• Making changes to the physical environment, such as reducing noise or adjusting lighting.
• Providing tools or aids, such as noise-cancelling headphones, organisational software, or flexible working arrangements.

The purpose of adjustments is to reduce or remove any disadvantage the employee faces because of their condition. Importantly, employers should take steps to explore support options before moving towards any formal disciplinary or capability process.

Legal Awareness, Case Law and Recent Developments

An employer may still be considered to have knowledge of a disability even if there is no formal diagnosis. If there are clear signs that an employee is struggling and the employer does not take steps to investigate or provide support, it could later be found that the employer should have reasonably known about the disability. In such cases, failure to make adjustments may amount to discrimination.

Some cases have highlighted that seemingly minor behaviours by colleagues or managers, such as expressing visible frustration, can amount to discriminatory treatment. Others have shown that employers cannot rely solely on occupational health reports but must apply their own judgment in considering whether an employee may be disabled under the Equality Act.

There has been a sharp increase in disability discrimination claims relating to neurodivergence in recent years. Since 2016, disability discrimination claims referencing neurodivergence have surged from just 3 to 278 Tribunal judgments in 2023, highlighting the growing importance of early, proactive support, even in the absence of a diagnosis.

What Should Employers Do?

Employers should take a proactive, supportive approach. Good practice includes:

1. Opening a dialogue: Talk with the employee about the challenges they are experiencing and what might help.
2. Exploring adjustments: Identify and trial practical changes that may reduce workplace difficulties.
3. Recording steps taken: Keep clear records of discussions and adjustments considered or implemented.
4. Training managers: Ensure line managers understand their duties and are alert to signs that an employee may be struggling.
5. Reviewing adjustments: Monitor and refine support as circumstances change.
6. Handling capability concerns with care: Only consider formal processes once all reasonable support options have been explored.

By taking these steps, you not only protect yourself legally but also create a workplace where employees feel supported and valued.

Conclusion

Employers do not have to wait for a formal diagnosis before considering and implementing reasonable adjustments for neurodivergent employees. The impact of any impairment (verified or not) is what triggers protections under the Equality Act. By acting early, focusing on individual needs, and documenting support efforts, employers not only fulfil their legal obligations but also foster a more inclusive and productive workplace.

Further Advice

If you have any queries on implementing reasonable adjustments or any other employment-related matters, our Peace of Mind Team is here to provide expert guidance. Our Document Audit Team can also assist in drafting relevant workplace policies.

Contact our Employment Team by emailing employment@warnergoodman.co.uk or calling tel: 02380717717.

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