Can I Be Fired for Having ADHD or Autism?

If you've been diagnosed with ADHD or autism (or you're on a waiting list), the question of job security is probably circling your mind. Maybe you've had a difficult performance review. Maybe your manager has made comments about your "consistency" or "attention to detail." Maybe you're wondering whether disclosing will paint a target on your back. The law is clear: your employer cannot dismiss you because of your disability. But the reality is more nuanced, so here's exactly what your protections are and how to use them.

The Legal Position

Under the Equality Act 2010, ADHD and autism qualify as disabilities when they have a substantial, long-term effect on day-to-day activities. If your condition meets this definition (and for most diagnosed adults, it does), your employer cannot dismiss you for a reason connected to your disability unless they can show the dismissal was a proportionate means of achieving a legitimate aim. In practice, that's an extremely high bar.

ACAS is explicit: employers must not "dismiss or discipline someone just because they're disabled." They must do everything they reasonably can to support you first. A dismissal without that support is disability discrimination.

What Your Employer Must Do Before Taking Action

Before your employer can lawfully use any performance, capability, or conduct procedure, they must take specific steps.

1. 1

   Discuss your disability and how it affects your work. This should be a collaborative conversation, not an interrogation.

2. 2

   Make reasonable adjustments to remove or reduce the barriers your disability creates. This might mean changing how tasks are assigned, adjusting deadlines, providing written instructions, modifying the workspace, or arranging Access to Work support.

3. 3

   Gather evidence that adjustments have been put in place and given time to work. A performance issue that exists because adjustments weren't made is not a capability issue; it's a failure to adjust.

4. 4

   Consider whether the performance concerns would exist if adequate support were in place. If the answer is no, the problem is the lack of support, not your capability.

5. 5

   Explore all alternatives to dismissal, including redeployment to a different role, reduced hours, or additional support.

When Dismissal Becomes Discrimination

A dismissal is discriminatory if your employer fires you for something connected to your disability without justification, if they fail to make reasonable adjustments before proceeding with a capability process, if your performance issues stem from the lack of adjustments rather than genuine inability to do the job, or if the decision is based on assumptions about your condition rather than evidence of your actual performance. The burden is on the employer to show they acted lawfully.

The Tribunal Numbers Are Rising

Neurodiversity-related employment tribunal cases have almost doubled in five years, from 265 in 2020 to 517 in 2025. Autism cases reached 121 and ADHD cases 118 in 2025, both record highs. Disability discrimination was raised in 16% of all early conciliation claims to ACAS in 2024-25, up from 9% the previous year. These numbers reflect both growing awareness of neurodivergent rights and the ongoing failure of many employers to meet their legal obligations.

What to Do If You're Being Performance Managed

1. 1

   Disclose your condition if you haven't already. This triggers your employer's full legal duty to make reasonable adjustments. Without disclosure, they can argue they didn't know about your needs.

2. 2

   Request reasonable adjustments in writing. Be specific about what you need and how it relates to your disability. Use the ACAS template if you're not sure how to structure the request.

3. 3

   Document everything. Keep records of your disclosure, your adjustment requests, your employer's responses, any meetings, and the performance concerns being raised. Contemporaneous notes (written at the time, not after the fact) carry the most weight.

4. 4

   Ask whether adjustments were considered before the performance process began. If they weren't, the process may be flawed from the start.

5. 5

   Contact ACAS for free, confidential advice (0300 123 1100). They can help you understand your rights and options before things escalate.

6. 6

   Consider an Access to Work application. If your employer isn't providing adequate support, Access to Work can fund specialist coaching, assistive technology, and other support that may resolve the performance concerns entirely.

If You're Dismissed

If you are dismissed and believe disability played a part, you have three months minus one day from the date of dismissal to bring an employment tribunal claim. You must go through ACAS early conciliation first. This is a free process where ACAS tries to resolve the dispute without a tribunal hearing. If conciliation fails, you can proceed to tribunal.

Tribunal awards in neurodiversity discrimination cases can be substantial. In Wright v Cardinal Newman Catholic School, an autistic employee received £850,000 for unfair dismissal and disability discrimination. While most awards are lower, the case illustrates that tribunals take these claims seriously and are willing to make significant awards where employers have failed in their duties.

Sources

Equality Act 2010, Section 6 · ACAS: Capability and performance for disabled workers · ACAS: Disability discrimination · ACAS: Neurodiversity at work · ACAS: Early conciliation · GOV.UK: Disability rights in employment · Personnel Today: Tribunal cases doubling