ADHD IN THE WORKPLACE

An employee's guide on 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 have been diagnosed with attention-deficit/hyperactivity disorder (ADHD), you may be struggling at work.

Communication with your colleagues and managers could be problematic, as your ADHD traits may impact your ability to interpret non-verbal cues or pick up on subtle social dynamics. As a result, you may be misunderstood or excluded during team meetings or informal conversations.

Another issue you may encounter is the misconceptions and stereotypes associated with employees who have ADHD. Colleagues who are unaware of your condition might perceive your behaviours as odd or eccentric, leading to judgment and misconceptions about your competence and professionalism. However, your employer may not actively promote a culture of diversity and inclusion that would expose such myths and create a safe space for you to disclose your ADHD without fear of discrimination.

(1) Do you have employment protection?

ADHD is generally categorised as 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.

You are only protected if your employer has ‘knowledge’ of your disability. However, you may be reluctant to disclose this without training being provided to colleagues and managers on neurodiversity awareness, promoting empathy and understanding.

(2) What must your employer do to accommodate your ADHD at work?

Your employer has a statutory a duty to make reasonable adjustments to your working conditions because you 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.

You 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.

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

A Reasonable Adjustments Passport, is a document that outlines the specific needs and adjustments to accommodate your ADHD in the workplace. It can be used as a tool for both you and your employer to ensure that you can perform at your best.

(3) What if your employer fails to support you with your ADHD at work?

If your employer (or a work colleague) treats you badly because of your ADHD or ignores your ADHD by failing to provide support, this may impact you resulting in rejection-sensitive dysphoria (RSD). RSD is a symptom associated with ADHD that causes intense feelings related to the belief that you have let other people down, embarrassed yourself, failed at something, or made a serious, unfixable mistake.

If work has become overwhelming, you may wish to leave your employment with an exit package or bring an employment tribunal claim.

Comment

Whatever your situation and contrary to what is reported in the media, many employers (irrespective of their size and resources) fail to understand employees with ADHD and provide adjustments for them.

This blog 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 and representation on ADHD in the workplace?

We have been advising on neurodiversity and disability discrimination for over 20 years. We have been involved directly and indirectly with hundreds of employment tribunal claims for clients, many of which have involved 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 whether your employer has treated you correctly and if not, on your options.