
This October is ADHD Awareness Month, an observance held annually to raise awareness of Attention Deficit Hyperactivity Disorder (ADHD), a condition that, according to a 2022 survey by ADHD UK, affects approximately 2.5% of adults in the UK population, many of whom remain undiagnosed.
To honour the occasion, we look at some of the important considerations that employers should keep in mind when managing and supporting employees who may be affected by ADHD. As employers, understanding the challenges that employees with ADHD may face and offering appropriate support is crucial—not only from a legal perspective but also to foster an inclusive and productive workplace.
ADHD and the Equality Act 2010
The Equality Act 2010 defines a disability as a physical or mental impairment that has a substantial, long-term impact on an individual's ability to carry out normal day-to-day activities. ADHD can (and often does) fall within this definition, meaning that employees with the condition may be entitled to protection under the Act.
If ADHD constitutes a disability for an employee, employers are legally required to make "reasonable adjustments" to reduce any disadvantages the employee may experience. Failing to do so could expose the business to potential discrimination claims.
Identifying ADHD in the workplace
ADHD presents differently in each person, but some common signs in the workplace may include:
- Difficulties with time management – Employees might struggle to meet deadlines or manage multiple tasks.
- Distractibility – A tendency to lose focus or get overwhelmed in busy environments.
- Impulsivity – Employees may act on impulse or make hasty decisions, sometimes without considering all factors.
- Emotional regulation issues – ADHD can cause frustration, stress, or emotional outbursts.
It's important to note that ADHD traits vary, and not every employee who displays these behaviours will have the condition. Employers should avoid making assumptions and instead focus on open, supportive conversations with employees to better understand their individual needs.
Actual vs. constructive knowledge
That being said, in light of the difficulties many face with getting an ADHD diagnosis, employers should not wait until an employee comes forward with an official diagnosis before taking action if they have concerns. Employers can be found to discriminate against disabled employees even where they have not been directly informed of an employee’s disability or where the employee has not yet themselves been diagnosed, if they are held to have ‘constructive knowledge’ of the employee’s condition (i.e. if, in the circumstances, they ought reasonably to have known that the employee may be disabled for the purposes of the Equality Act 2010).
Therefore, it is important to be continually alert to the potential symptoms of ADHD (and other mental health disorders) and how these might manifest in a workplace setting.
The EHRC Code advises that employers must "do all they can reasonably be expected to do" to find out whether a worker is disabled, having regard to the employee’s right to privacy and dignity. With that in mind, where concerns emerge, employers should not turn a blind eye or wait for an approach from the employee. Rather, it is for the employer to respectfully but pro-actively make enquiries to discuss whether a certain behaviour or difficulty may be connected to a wider disability.
Making reasonable adjustments
Once an employer has knowledge of an employee's ADHD diagnosis (whether actually or constructively), they should pro-actively engage in a collaborative dialogue with the employee to explore potential reasonable adjustments. These might include:
- Flexible working arrangements – Allowing remote work or adjusting start and finish times to reduce stress.
- Task management tools – Providing software to assist with time management, such as task lists or reminders.
- Quiet workspaces – Reducing distractions by offering quieter environments or noise-cancelling headphones.
- Training and support – Offering coaching or mentoring to help employees develop strategies to manage their workload.
What is deemed "reasonable" will depend on the specific needs of the employee and the operational constraints of the business, but employers should aim to strike a fair balance.
Creating a supportive culture
Beyond individual adjustments, fostering an inclusive culture can make a significant difference. Simple steps, such as providing ADHD awareness training for managers or encouraging open discussions about neurodiversity, can reduce stigma and make employees feel supported.
Research from Deloitte's recent Neurodiversity at Work survey highlights the importance of inclusion, finding that neurodiverse employees are more productive and engaged when they feel understood. Given the rising number of adults seeking ADHD diagnoses in the UK, creating a neurodiversity-friendly environment is not just a legal duty, it’s a smart business move.
Conclusion
Supporting employees with ADHD requires a proactive and empathetic approach. Employers should familiarise themselves with their legal obligations under the Equality Act 2010 and consider what reasonable adjustments might help employees thrive. By fostering a more inclusive workplace, businesses not only meet their legal responsibilities but also unlock the potential of talented individuals who think differently.
If you need further guidance on managing ADHD or other neurodiversity-related issues in the workplace, please get in touch with our team.