What happens when a small failure to act turns into a tribunal?

That question just became very real for Capgemini. The global tech consultancy was recently found to have discriminated against a neurodivergent employee during her probation. Why? Because they failed to act on straightforward advice from occupational health: to provide ADHD training for her managers.

This wasn't a technicality. The employment tribunal ruled that the company had failed to make a reasonable adjustment under the Equality Act 2010. The result: reputational damage, legal costs, and a painful reminder that inclusion isn't just a buzzword - it's a legal obligation.

Here's what in-house teams and HR leaders need to know.

ADHD and the law: what's changing?

Disability discrimination law isn't new. But its application is evolving.

ADHD is increasingly being recognised as a disability under the Equality Act 2010 - particularly when it has a substantial and long-term adverse effect on day-to-day functioning. For employers, that means the duty to make reasonable adjustments kicks in once they know (or should reasonably know) an employee is disabled.

And as recent tribunal cases show, those adjustments don't need to be costly or complex to count. In the Capgemini case, the adjustment in question was basic: awareness training for colleagues and line managers.

What counts as a "reasonable" adjustment?

Reasonableness depends on the circumstances. But when occupational health explicitly recommends something low-cost, widely available, and easy to implement - like neurodiversity training - failing to follow through is risky.

According to the tribunal, Capgemini's omission placed their employee at a substantial disadvantage. That's the legal test. And failing to act on clear medical advice tipped the scales from oversight to unlawful discrimination.

What should HR and Legal do after a disclosure?

When an employee discloses ADHD or another neurodivergent condition, your first step is to listen - and then act fast. Here's a practical playbook:

• Refer to occupational health. Early referral allows a qualified assessment of workplace impact and recommendations for support.
• ‍Collaborate on adjustments. Work with the employee to identify what's helpful. This might include coaching, task structuring, or changes to communication style.
• ‍Provide team training. Equip managers and colleagues with a basic understanding of ADHD. This reduces misunderstandings and fosters inclusion.
• ‍Keep a paper trail. Document all steps taken, including advice received and reasons for any decision not to implement a recommendation.
• ‍Review regularly. Needs may change over time. Build in checkpoints to see what's working.

Training matters more than you think

Line manager behaviour can make or break inclusion. In another recent case, a tribunal found that even a manager's sigh of frustration at a neurodivergent employee could amount to harassment.

That may sound extreme - but it reflects a deeper truth. Without training, well-meaning colleagues may unintentionally cause harm. With training, they're more likely to understand what neurodivergent colleagues need: clarity, patience, and psychological safety.

It's not just legal risk. It's culture.

Ultimately, this isn't about fear of litigation. It's about building teams where everyone can thrive. Legal and HR leaders are uniquely placed to shape that environment.

By treating ADHD disclosures as an opportunity - not a problem - you send a powerful message. That you're listening. That you care. And that you're willing to act.