ADHD in the workplace

A guide to ADHD in the workplace from the employment law experts

Marjon Law, specialist employment lawyers is owner-led by Marc Jones, who is ranked and recommended in legal publications as a leading employment law solicitor, with over 20 years of experience practising solely in employment law.

If you would like urgent advice on discrimination arising from disability, please contact us as soon as possible.

This web page should be read in conjunction with the web pages DISCRIMINATION ARISING FROM DISABILITY and DUTY TO MAKE REASONABLE ADJUSTMENTS

What is ADHD?

Attention-deficit/hyperactivity disorder (ADHD) is a neurodevelopmental condition affecting brain structure and neurotransmission, this relates to the way in which messages are communicated around the brain, and as a result different areas of the brain are activated.

ADHD is thought to be caused by a complex mix of environmental and genetic factors, but is a strongly hereditary condition.

ADHD is present from childhood, but an increasing number of adults are now being diagnosed with ADHD, having been ‘missed’ when they were younger and the condition was not as well understood as it is now.

ADHD has three core symptoms, which include:

inattention – difficulties with concentration, short term and working memory, difficulties with planning and getting started (activation), difficulty with organisation and losing things and becoming easily distracted by small things which often others would fail to notice
impulsiveness – acting or speaking on the spur of the moment without thinking through the consequences, and difficulty controlling emotions
hyperactivity – whilst adults with ADHD are usually much less active than children with this diagnosis, they may still have symptoms such as restlessness and the need to tap or fidget. Some people are diagnosed with attention-deficit disorder (ADD), without hyperactivity (this is particularly the case for girls and women).

ADHD is a lifelong condition and cannot be ‘cured’ however it can be successfully managed.

Many people with ADHD find their symptoms improve with medication but this only works for as long as the medication is in the body. The main side effects of the most commonly used medications (stimulants) are appetite loss and difficulties with sleep. ADHD medication must be started and kept under review by a consultant psychiatrist.

Employees with ADHD are often misunderstood and their actions misinterpreted, such as:

interrupting whilst others are talking
ignoring people
not allowing others to speak during discussion

this is not the ADHD employee being rude or dismissive of others it is purely that when the employee has an idea they attempt to voice this before the moment is passed, which makes others perceive that they are not allowing them to express an opinion, or not listening due to 'hyperfocus' on what they are doing, which is common trait of those with ADHD.

What is rejection-sensitive dysphoria?

Rejection-sensitive dysphoria (RSD) is a symptom associated with ADHD that causes intense feelings related to the belief that a person has let other people down, embarrassed themself, failed at something, or made a serious, unfixable mistake.

RSD is a new concept in the field of mental health, and it is gaining increasing recognition as a major symptom of ADHD. The term was coined by William Dodson, MD, a psychiatrist who specialises in ADHD.

People with ADHD are particularly vulnerable to RSD due to their inherent difficulties in regulating emotions and social interactions. RSD can be a debilitating condition, and it can significantly impact the quality of life, relationships with others and careers. People with ADHD often experience RSD in varying contexts, such as academic or professional rejection, and social exclusion.

The prevalence of RSD in people with ADHD is not well-established, but some estimates suggest that it affects up to 90% of people with ADHD, in varying degrees. The severity of RSD can also vary, with some people experiencing it more intensely and frequently than others. People with ADHD who also have comorbidities, such as anxiety or depression, may be more vulnerable to RSD.

Is ADHD a disability?

ADHD is an invisible condition. This can lead to barriers and the needs of employees being overlooked by employers.

There have been myths and stereotypes which often overlook individuality and can lead to misunderstanding, wrong perceptions being formed, and to needs of an employee not being met. This can often make it much harder for an employee to disclose their condition, which makes it harder for them to get the right type of support at work.

Employees with ADHD are generally categorised as having a disability within the meaning of section 6 of the Equality Act 2010, which is defined as:

a person who has a physical or mental impairment
which has a substantial and long-term adverse effect
on their ability to carry out normal day-to-day activities.

For more information about disability, please see the web page discrimination - protected characteristics

What must an employer do to accommodate an employee with ADHD?

Employers have a statutory duty to make ‘reasonable’ adjustments working conditions of those employees who have ADHD in accordance with section 20 of the Equality Act 2010.

Examples of reasonable adjustments for employees with ADHD could be:

providing noise-cancelling headphones to those with sensory sensitivities
allowing more time to digest information
allowing more time to re-read and repeat tasks
allowing recordings if it helps process and/or remember information
opportunity for structured or frequent breaks
provide flexibility on the ways things are done and not be too rigid.

Employees with ADHD may want to apply for flexible working, as maintaining concentration and productivity while working long hours could be a problem. An estimated 40-80% of adults with ADHD, suffer from chronic sleep problems, resulting in work-related stress and anxiety.

For more information on flexible working, please see the web page flexible working

Access to Work can provide financial support to help employees with ADHD in the workplace.

Another way of supporting employees with ADHD is to provide a Reasonable Adjustments Passport. A Reasonable Adjustments Passport is a document that outlines the specific needs and adjustments of the employee with ADHD in the workplace. It can be used as a tool for both employees and employers to ensure that the employee is able to perform at their best.

For more information about disability, please see the web page duty to make reasonable adjustments

What if an employer fails to support an employee with ADHD at work?

If an employer (or a work colleague) treats an employee badly because of their ADHD or ignores their ADHD by failing to provide support, this may impact an employee leading RSD. In such circumstances, an employee may wish to leave their employment with an exit package or bring an employment tribunal claim.

We strongly advise that appropriate legal advice is taken for issues relating to ADHD in the workplace.

For more information, please see web page employment tribunal claims

The material contained in this web page is provided for general purposes only and does not constitute legal or other professional advice. Appropriate legal advice should be sought for specific circumstances and before action is taken.

Why choose Marjon Law for advice on ADHD in the workplace?

We have been involved directly and indirectly with hundreds of employment tribunal claims for clients for over 20 years, many of which involved disability discrimination.

As specialist employment lawyers, our clients' interests are paramount to us.

We ensure that all our clients receive the best advice possible.

We will advise on disability discrimination and any subsequent employment tribunal claim.