Can I Discipline a Neurodivergent Employee? Understanding Your Responsibilities as an Employer

Managing conduct and capability concerns in the workplace is challenging enough, add in neurodivergence and many employers find themselves feeling stuck. You might wonder if you can still discipline someone and worry that action you take will be seen as discrimination, but if you do nothing it may well be affecting the rest of the team.

These are common, valid concerns. In this article, we’ll explore how to approach these situations with confidence and fairness, while meeting your legal obligations and supporting neurodivergent employees effectively.

The Two Common Scenarios Employers Face

The employee with a known neurodivergent condition, perhaps ADHD, autism, or dyslexia and there are concerns with performance or they demonstrate problematic behaviour. Or, you’re halfway through a conduct or performance process and the employee suddenly discloses a neurodivergent condition. Everything feels like it needs to pause while you reassess your next move.

In both scenarios, employers often freeze, unsure whether any action is still possible or appropriate. But here’s the key: you absolutely can take action, and you absolutely should.

What You Should Do: Step-by-Step

1. Determine if the Issue Is Related to the Neurodivergent Condition

Start by asking: Is the behaviour linked to their condition? If it is, it doesn’t mean you must ignore it but it might change how you respond.

Examples:

• Lateness may be linked to ADHD, dyslexia, or autism, due to challenges like time blindness or executive functioning.

• Lack of eye contact or blunt communication could be related to autism and may be misinterpreted as rudeness.

Consider the impact of the behaviour. If the issue is more about perception than actual harm (e.g. not making eye contact), education and awareness may be the solution, certainly not discipline.

However, if the behaviour has a genuine impact like consistent lateness affecting team performance this must be addressed appropriately, in the first instance by considering reasonable adjustment.

2. Explore Reasonable Adjustments

Neurodivergence in many situations will meet the definition of disability under the Equality Act 2010 which means employers are required to prevent disadvantage with reasonable adjustments. This could include:

• Adjustments to the way work is done (e.g. flexible start times)

• Changes to processes (e.g. reminders before meetings)

• Providing tools or support (e.g. assistive tech, mentoring)

A Workplace Needs Assessment can be hugely helpful here, offering expert recommendations on reasonable adjustments tailored to the individual’s needs and role.

It’s important to notes that reasonable doesn’t mean “anything goes” - you are not expected to compromise safety, create unfairness or absorb very large costs. In reality, adjustments for neurodivergent employees are generally cheap or free to implement.

3. Understand the Difference Between Conduct and Capability

• Capability issues are about can’t do e.g. someone with a condition that genuinely affects their ability to fulfil their role.

• Conduct issues are about won’t do e.g. inappropriate language, bullying or harassment.

An example seen in recent tribunal cases involved an employee using derogatory language and attributing it to autism. While their condition was acknowledged, the behaviour was not excused, especially when it crossed into harassment, for which employers have a legal duty to protect others.

4. Balance Your Legal and Ethical Responsibilities

You have two clear duties:

• To support disabled employees, including those who are neurodivergent

• To maintain a safe, respectful, and fair workplace for everyone

Reasonable adjustments don’t mean tolerating harmful behaviour. Likewise, protecting the team doesn’t mean ignoring someone’s disability. Your job is to strike a reasonable, legally defensible balance between the two.

Preventing These Issues in the First Place

Ideally, employees feel safe to disclose their neurodivergence early on, allowing adjustments to be made proactively. But that’s not always reality.

That’s why creating a neurodiversity-positive culture is vital. Normalising conversations, offering support early, and providing manager training reduces the risk of conflict and improves outcomes for everyone.

Conclusion: You Can Discipline Neurodivergent Employees - If You Do It Right

Being neurodivergent doesn’t mean someone can never make mistakes or never face consequences. What it does mean is that employers need to follow a thoughtful, fair, and informed process.

Ask:

• Is the behaviour related to their condition?

• Have we explored reasonable adjustments?

• Are we dealing with capability or conduct?

• Is our response proportionate, fair, and legally defensible?

With the right approach, you can support your neurodivergent employees and maintain a productive, respectful workplace.

Article last updated: 10 April 2025