Workplace ADHD Assessments: A £155,000 Lesson for Employers
Mental health and neurodiversity concerns can easily be mistaken for poor performance, disengagement or a lack of capability.
For employers, failing to explore what may be happening beneath the surface can create significant human, operational and legal consequences.
A recent employment tribunal involving HM Revenue and Customs provides a powerful reminder of the importance of listening to employees, responding appropriately to health information and implementing reasonable adjustments effectively.
It also highlights a wider opportunity for employers. Providing access to workplace ADHD assessments can help employees gain clinical clarity and connect with appropriate support.
What happened in the HMRC employment tribunal?
In Mr R Wickham v The Commissioners for His Majesty’s Revenue and Customs and J Rockett, the tribunal found in favour of a trainee investigator in claims that included failure to make reasonable adjustments, disability related harassment and victimisation.
An interim remedy judgment ordered the respondents to pay £155,077.34. This included compensation for past financial losses, injury to feelings and interest. Further compensation relating to personal injury and future financial losses remained reserved at the time of the judgment.
The tribunal also examined the handling of the employee’s mental health difficulties and occupational health advice. It found that the employee had been subjected to unlawful disability discrimination and victimisation.
You can read the published employment tribunal judgment on GOV.UK.
For employers and HR leaders, the strategic lesson is clear. Health concerns must be taken seriously, appropriate advice should be considered carefully and agreed adjustments must be implemented and reviewed.
When health concerns appear to be performance problems
Mental health conditions and neurodevelopmental differences are not always immediately visible.
An employee may appear to be struggling with:
- Concentration and sustained attention
- Time management
- Planning and prioritisation
- Organisation
- Working memory
- Missed deadlines
- Emotional regulation
- Workplace anxiety
- Completing complex or repetitive tasks
These difficulties do not automatically indicate ADHD. They can have many different causes, including mental health conditions, workplace pressures, physical health concerns and personal circumstances.
However, where difficulties are persistent and affect several areas of an employee’s life, an appropriate clinical assessment may help the individual understand what they are experiencing.
Managers should not attempt to diagnose ADHD. Their role is to listen, identify workplace barriers, discuss support and signpost employees towards qualified clinical professionals.
Why workplace ADHD assessments matter
ADHD is a neurodevelopmental condition that can affect attention, impulsivity and activity levels. Its presentation varies considerably between individuals.
Some adults reach the workplace without having previously received a diagnosis. They may have spent years developing strategies to manage their difficulties, often without understanding why particular tasks require significantly more effort.
According to NICE guidance, an ADHD diagnosis requires a full clinical and psychosocial assessment undertaken by a healthcare professional with specialist training, knowledge and experience.
A formal employee ADHD assessment may provide:
- Greater understanding of the employee’s experiences
- Clinical clarity about whether ADHD is present
- A detailed diagnostic report
- Guidance on appropriate next steps
- A foundation for informed workplace conversations
- Signposting towards treatment or therapeutic support where appropriate
An assessment should form part of a supportive pathway. It should never be used as a performance management tool or as a way to pressure an employee into disclosing private medical information.
Does an employee need a diagnosis to receive reasonable adjustments?
No. Employers should not delay a conversation about support simply because an employee does not have a formal diagnosis.
Under the Equality Act 2010, the legal position depends on whether a person meets the definition of disability and whether the employer knows, or could reasonably be expected to know, about that disability.
A diagnosis may provide useful information, but it is not necessarily a prerequisite for reasonable adjustments.
Acas guidance recommends taking mental health concerns seriously and recognising that support must reflect the needs of the individual. Acas also advises employers to consider support and adjustments even where a health concern may not meet the legal definition of disability.
Workplace ADHD assessments can therefore complement an inclusive approach, but they do not replace meaningful consultation, occupational health advice or professional legal guidance.
What reasonable adjustments could support an employee with ADHD?
Effective adjustments should always be tailored to the individual, their role and the specific barriers they experience.
Depending on the circumstances, potential adjustments could include:
- Clear written instructions
- Breaking complex projects into defined stages
- Regular priority setting meetings
- Additional planning time
- Access to a quieter working environment
- Flexibility around working location or hours
- Assistive technology
- Recorded meetings or written summaries
- Additional breaks
- ADHD coaching
- Changes to communication methods
- Reviewing workloads and competing deadlines
Employers should agree how adjustments will operate, record what has been decided and review whether the support remains effective.
A diagnosis can inform this conversation, but employers should continue to focus on the individual rather than making assumptions about what every person with ADHD may need.
Building a more proactive neurodiversity strategy
Providing access to ADHD assessments is most effective when it forms part of a wider workplace wellbeing and neuroinclusion strategy.
Organisations should consider whether they have:
- A clear reasonable adjustments process
- Appropriate confidentiality safeguards
- Training for managers
- Access to occupational health expertise
- An Employee Assistance Programme
- Neurodiversity awareness and education
- Clear clinical referral pathways
- Regular reviews of agreed adjustments
Acas recommends that reasonable adjustment policies include information about mental health, neurodivergence, manager training and external support such as an EAP or occupational health service.
This creates a more consistent employee experience and gives managers greater confidence when responding to sensitive situations.
Access private adult ADHD assessments through Enlighten
Enlighten helps employers strengthen their wellbeing provision by connecting them with carefully selected services from our specialist provider network.
Through our relationship with HealthHero, eligible Enlighten clients can access preferential pricing for private adult ADHD assessments.
HealthHero’s current adult ADHD diagnostic pathway includes:
- Initial suitability screening
- Digital clinical questionnaires
- A structured diagnostic interview
- A psychiatric consultation
- Mental health screening
- A full diagnostic report
- Clinical letters for the employee’s GP or employer where requested
- A personalised plan outlining recommended next steps
Assessments are delivered by ADHD trained clinicians and GMC registered psychiatrists. HealthHero states that its diagnostic process is typically completed within approximately 2 to 12 weeks, depending on the individual pathway.
Medication and ongoing treatment are separate from the diagnostic package, and service availability, eligibility and commercial terms may change.
Move from reactive support to early intervention
The HMRC case demonstrates the potential consequences of failing to respond appropriately when an employee is experiencing health related difficulties.
A workplace ADHD assessment will not remove an employer’s legal responsibilities, and not every employee experiencing concentration or organisational difficulties will have ADHD.
However, access to a credible clinical pathway can give employees an opportunity to seek answers and help employers build a more informed, compassionate and effective approach to workplace support.
How Enlighten can help
Enlighten provides independent guidance to employers reviewing their EAP, mental health and neurodiversity provision.
Through our specialist network, we can help your organisation explore access to private adult ADHD assessments, including preferential pricing through HealthHero for eligible clients.
If you want to strengthen your employee wellbeing offer, improve access to clinical support and create clearer pathways for neurodiverse employees, speak to Enlighten today.
Contact Enlighten to discuss workplace ADHD assessments and neurodiversity support for your organisation.
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