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Employment Tribunal Discrimination Claims

Employment Tribunal Discrimination Claims

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New figures reveal Employment Tribunal claims involving neurodiversity discrimination have increased by a third since 2020!

Neurodiversity describes the diversity of the human brain and relates to conditions such as ADHD, dyslexia, autism and dyspraxia. Over the years there has been a significant increase in awareness of neurodiversity, particularly since the beginning of the pandemic where mental health was a commonly talked about topic, and this has led to a rise in formal diagnoses. The University of Exeter carried out a study in 2021 which showed the number of autism diagnoses increased by 787% in the last two decades.

This increase in awareness of neurodiversity has led to individuals having more confidence to discuss their conditions more openly in the workplace and to ask for support to enable them to carry out their work safely and to the best of their ability. Where employers have failed to support these individuals, for example by failing to consider any reasonable adjustments, individuals have felt increasingly comfortable to challenge their employers internally and if unsuccessful, externally through to the employment tribunal.

According to law firm Fox & Partners, employment tribunal claims relating to autism rose by 40%, Asperger’s rose by 31% and dyslexia claims by 14% since 2021. These increases reinforce the fact that employers must take appropriate action if they are notified of, or suspect, neurodiversity or any other condition that could amount to a disability within their staff.

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IBB Law’s Employment Law practice can provide expert advice on all employment law issues, for employers and employees. To contact our Employment Team, please email employment@ibblaw.co.uk or call 0330 175 7608.