A recent Employment Tribunal judgment has reinforced the importance of employers understanding their obligations towards neurodiverse employees, particularly when it comes to making reasonable adjustments under the Equality Act 2010. In this blog, Kat Moody, Employment Law Associate Solicitor looks at the case in detail and examines its significance for employers.
On 14 July 2025, Employment Judge Adkin handed down a decision in the case of Ms Bahar Khorram v Capgemini UK Plc. The Tribunal found that Capgemini had failed to make reasonable adjustments for Ms Khorram, who had been diagnosed with Attention Deficit Hyperactivity Disorder (ADHD).
Background to the Case
Ms Khorram was a senior employee who, during her initial six-month probationary period, experienced difficulties in meeting deadlines and managing her workload. She later disclosed her ADHD diagnosis to her employer, who referred her to Occupational Health for an assessment.
Despite this, she was dismissed before the end of her probation period for “failing to meet probation objectives.” She subsequently brought several claims against her employer, including:
- Failure to make reasonable adjustments
- Disability-related harassment
- Unfavourable treatment because of something arising from disability
The Tribunal’s Considerations
In assessing the failure to make reasonable adjustments claim, the Tribunal needed to establish what aspects of the employer’s management of Ms Khorram had caused the disadvantage she experienced. This involved determining whether the employer had applied a “provision, criterion or practice” (PCP) that put her at a particular disadvantage compared to colleagues without her disability.
The Equality and Human Rights Commission’s Employment Code (paragraph 4.5) explains that a PCP is not specifically defined in legislation but should be interpreted broadly. It can include any formal or informal policies, rules, practices, arrangements, conditions, or requirements imposed by an employer.
The Tribunal concluded that Capgemini had, in fact, applied PCPs that disadvantaged Ms Khorram, specifically, the requirement to multitask and to meet strict deadlines. These were found to place her at a “substantial disadvantage” in comparison to non-disabled employees.
Failings by the Employer
The Tribunal also found that the employer had failed to implement several recommendations made by Occupational Health, including:
- Delivering training to raise awareness and equip staff with the skills to support neurodiverse colleagues
- Providing ADHD awareness training
- Offering coaching sessions focusing on ADHD-specific time management and coping strategies
- Setting realistic and achievable tasks for the employee
These failures constituted a breach of the duty to make reasonable adjustments under sections 20 and 21 of the Equality Act 2010.
Outcome
While the other claims brought by Ms Khorram were not upheld, the finding on reasonable adjustments alone is significant. Damages are still being assessed, so it is not yet known how much compensation she will receive.
Key Takeaways for Employers
This case serves as a strong reminder that:
- Once an employer is aware of an employee’s disability, they must take active steps to remove or reduce any disadvantage caused by workplace practices.
- Occupational Health recommendations should be treated seriously and acted upon promptly.
- Training and awareness for staff, especially managers, are crucial in supporting neurodiverse colleagues effectively.
Failing to follow these principles not only risks legal claims but can also harm workplace morale, culture, and retention.
This is a significant ruling, highlighting both the legal obligations and the practical importance of supporting neurodiverse employees in the workplace. The case serves as a reminder that failing to implement reasonable adjustments can result in legal liability, reputational damage, and the loss of valuable talent. Employers should take proactive steps to review policies, train staff, and act promptly on Occupational Health recommendations.
A HR expert can support you in reviewing your organisation’s employment practices and offer guidance on how best to support neurodiverse employees in the workplace.
For expert legal advice on employment law matters, contact Kat Moody at Richard Reed Solicitors.
