Understanding Your Rights and Your Employer’s Obligations Under the Equality Act 2010: A Guide for Individuals with ADHD

This is only a guide to Requesting Reasonable Adjustments and is not intended to be used as legal advice. 

If you have ADHD (Attention Deficit Hyperactivity Disorder), you may face specific challenges at work that others may not fully understand. Whether it’s struggling with organisation, time management, or maintaining focus, these challenges can affect your job performance. However, the law provides protections to ensure that you are treated fairly and receive the support you need. In the UK, under the Equality Act 2010, you have specific rights, and your employer has clear obligations to make reasonable adjustments to help you succeed in the workplace.

In this blog, we’ll break down your rights under the Equality Act 2010 and explain what reasonable adjustments are, how to ask for them, and what your employer’s responsibilities are in supporting you.

What Is the Equality Act 2010?

The Equality Act 2010 is an important piece of legislation in the UK that protects individuals from discrimination in various areas, including employment. It covers a number of protected characteristics, including disability. ADHD is considered a disability under the Act if it has a substantial and long-term negative effect on your ability to carry out normal day-to-day activities.

The Equality Act 2010 requires that employers treat employees with disabilities fairly and take steps to remove or reduce disadvantages that may result from their disability. This is where reasonable adjustments come in.

What Are Reasonable Adjustments?

Reasonable adjustments are changes made by your employer to help you overcome challenges caused by your ADHD. The aim of these adjustments is to ensure that you can perform your job to the best of your ability, just like any other employee, without being at a disadvantage because of your condition.

The law doesn’t specify exactly what constitutes a reasonable adjustment, as it will depend on your specific circumstances and the nature of your work. However, some common reasonable adjustments for employees with ADHD may include:

• Flexible Working Hours: Allowing you to work at times that are most productive for you, or offering flexibility in start and finish times to manage energy levels.
• Reduced Distractions: Providing a quieter workspace or noise-cancelling headphones to help you focus.
• Written Instructions: Offering tasks in writing or breaking down instructions into clear, manageable steps to help with organisation and memory.
• Extended Deadlines: Giving you extra time to complete tasks if your focus or organisation is slower than expected.
• Regular Breaks: Allowing you to take more frequent breaks to recharge if you find that long periods of focus or sitting still are challenging.
• Organisational Tools: Providing access to tools or software that help with time management, organisation, and reminders.

How to Request Reasonable Adjustments

If you feel that your ADHD is affecting your performance at work, the first step is to talk to your employer about your needs. When approaching this conversation, it’s important to frame it in a collaborative way — you want to work with your employer to achieve the changes that will help you succeed, rather than presenting it as a confrontation. Being assertive is key: you need to clearly state what adjustments would help, but also ensure the conversation is constructive and non-threatening. Your goal is to encourage your employer to work with you, rather than to make them feel defensive.

For inspiration, consider reading this blog, where one person turned a request for reasonable adjustments into a strategic opportunity that benefited the organisation as a whole.

Here’s a guide on how to approach the conversation:

1. Know Your Rights: It’s important to understand that you have the legal right to ask for reasonable adjustments if your ADHD is affecting your ability to perform your job. This is protected under the Equality Act 2010.

2. Identify Your Needs: Reflect on the specific challenges you face at work due to your ADHD. Identify the areas where you need support — whether that’s with organisation, time management, focus, or anything else. Be clear about the adjustments that will help you perform your job more effectively.

3. Request a Meeting: Schedule a formal meeting with your manager or HR department. Let them know you have ADHD and would like to discuss possible adjustments to help you do your job more effectively. It’s best to approach this as a conversation about improving your work performance, not just about your disability.

4. Be Open and Honest: During the meeting, explain the specific challenges you’re experiencing and how certain adjustments could help. For example, you might say, “I find it difficult to concentrate in an open-plan office. I would be more productive if I had a quieter workspace or could use noise-cancelling headphones.”

5. Provide Documentation: Be prepared to provide medical evidence, such as a doctor’s note or an assessment from a psychologist, to confirm your ADHD diagnosis and explain how it affects your ability to work. This can help clarify the need for adjustments.

6. Follow Up: After your initial conversation, follow up with your employer regularly to ensure that the adjustments are being implemented and are helping you. This shows your commitment to making things work and gives you the chance to make adjustments if needed.

By following these steps, you can start a positive conversation with your employer that helps ensure you have the support you need to succeed in your role.

Employer’s Obligations Under the Equality Act 2010

Under the Equality Act 2010, your employer has a duty to make reasonable adjustments to ensure you can perform your job effectively. Here are their key obligations:

• Duty to Make Adjustments: Employers are required to make reasonable adjustments when they are aware (or should be aware) that you have a disability (such as ADHD). This could be through self-disclosure or a formal diagnosis.
• Adjustments Must Be Reasonable: The employer must consider what changes are reasonable, based on factors such as:
  • The cost of the adjustment
  • The practicality of making the change
  • The impact on your ability to do the job
• Consult with You: Your employer should discuss with you the difficulties you’re facing at work and explore how they can help. It’s important that the employer works with you, not just for you, to find the right adjustments.
• Ensure You Are Not at a Disadvantage: The adjustments should remove or reduce any disadvantage you might face because of your ADHD. This means that they should enable you to compete on equal footing with other employees without a disability.
• Confidentiality: Any information you share about your ADHD and the adjustments you need should be kept confidential, and your employer should only share information that is necessary for making adjustments.

What Happens if Your Employer Doesn’t Make Adjustments?

If your employer fails to make reasonable adjustments or if they do not act on your request, you may have grounds for a discrimination claim under the Equality Act 2010. This could be taken to an employment tribunal.

Before pursuing this option, it’s often helpful to try to resolve the issue informally by discussing your concerns with HR or your manager. If this doesn’t work, you may want to seek legal advice to explore your options.

Seeking Further Advice

If you’re unsure about your rights, or if you need advice on how to proceed, there are several places where you can seek help:

• Home Insurance Legal Cover: Check your home insurance policy to see if it includes legal cover. This can provide access to legal advice and support for employment-related issues, including discrimination claims. You may already have access to some form of legal assistance through your home insurance.
• Citizens Advice Bureau: Citizens Advice provides free, confidential advice on a wide range of topics, including employment rights. They can guide you on how to approach your employer and your legal rights under the Equality Act 2010.
• ACAS (Advisory, Conciliation and Arbitration Service): ACAS offers impartial advice to both employees and employers on employment rights and issues. They provide resources to help you understand your rights, and can also offer support if you’re experiencing difficulty with your employer.

Conclusion: Empower Yourself and Advocate for What You Need

Having ADHD can bring specific challenges to the workplace, but it’s important to remember that the Equality Act 2010