Home Housing newsDWP ‘threshold’ conditions update for people with ADHD and autism – full rights explained

DWP ‘threshold’ conditions update for people with ADHD and autism – full rights explained

by David Jones

The Department for Work and Pensions has issued guidance that could help many workers who are not even aware they have a condition

People with conditions such as ADHD and autism have been provided with guidance by the DWP about support available to them in and out of employment. Those with neurodivergent conditions of this nature may find they would benefit from specialist assistance in the workplace.

The NHS estimates that approximately one in seven people across the UK (more than 15 per cent) are neurodivergent. Neurodivergence is an umbrella term describing alternative thinking styles including dyslexia, developmental co-ordination disorder (dyspraxia), dyscalculia, autism, Tourette’s and attention deficit hyperactivity disorder (ADHD).

The issue was brought into focus this week after Mohammad Yasin, Labour MP for Bedford, put a question to the Department for Work and Pensions. Parliamentary records show he asked “what assessment his Department has made of the effectiveness of employment support for young autistic and ADHD people who are not in education, employment or training but do not meet the threshold for intensive specialist employment support.”

The NHS states that neurodivergent individuals may possess a protected characteristic of disability under section 6 of the Equality Act 2010 where their condition or ‘the impairment has a substantial and long-term adverse effect on’ the individual’s ‘ability to carry out normal day-to-day activities. ‘ Nevertheless, many neurodivergent individuals do not regard their neurodivergences as disabilities or disorders.

In appropriate circumstances, these differences enable people to bring distinctive perspectives and valuable contributions to organisations. ACAS states that an employee does not require a diagnosis to be regarded as disabled under the Equality Act 2010.

An employer ought to provide employees with support regardless of whether they have received a diagnosis for their neurodivergence. This includes implementing reasonable adjustments. An employer may request evidence from an employee that they have a condition. For instance, an NHS letter confirming a diagnosis.

However, an employee is not legally required to provide this, might not have any proof they can give and/or might have their own reasons for not sharing a diagnosis.

DWP guidance over support for people with autism and ADHD

Stephen Timms – Minister of State (Ministry of Housing Communities and Local Government) (Equalities) – responded on Tuesday, September 8 to the MP’s question by saying: “The department provides a range of employment support for autistic and ADHD people, including those who require ongoing practical support to obtain and sustain employment.

“Our specialist, voluntary, Supported Employment programme, Connect to Work, is for anyone who is disabled, has a health condition or is experiencing non-health related barriers to work. Connect to Work has a specialist pathway for neurodivergent and learning-disabled participants, using the well-evidenced Supported Employment Quality Framework (SEQF).

“The programme is locally led and will support around 300,000 people by the end of the decade. In Jobcentres around 1,000 (full time equivalent) Pathways to Work Advisers, provide personalised one-to-one support to disabled and neurodivergent customers, and those with health conditions to help customers identify and overcome obstacles which may stop them from moving towards or into work or to access employment and wider skills support, and our employment programmes.

“Practical workplace support is also available through Access to Work, a demand-led, personalised discretionary grant delivered across Great Britain. It supports workplace adjustments that go beyond an employer’s responsibilities under the Equality Act 2010.

“The scheme is available to people with disabilities or health conditions, including neurodivergent conditions, where these affect their ability to work. Alongside support for individuals, DWP administers the GB-wide Disability Confident scheme, encouraging employers to create disability inclusive workplaces and to support disabled people to get work and get on in work. It provides employers with the knowledge, skills, and confidence they need to attract, recruit, retain and develop disabled people in the workplace.

“In 2025, DWP launched an independent advisory panel of academics with expertise and lived experiences of neurodiversity to consider the reasons why neurodivergent people often have poor experiences in the workplace, and a low overall employment rate. DWP has received a final version of the Panel’s report which will be published alongside our response in due course.

“In addition, between January and March this year, DWP funded the Advisory, Conciliation and Arbitration Service to run a limited series of neurodivergence masterclasses for employers to attend free of charge. This was to address employer and line manager skill and confidence in recruiting and supporting neurodivergent individuals at work. Over 1,800 representatives of employers attended these masterclasses.”

According to the CIPD, every team is neurodiverse by definition – as no two brains are alike. Their website states: “Some individuals may also need tailored support – and it’s important to ensure that this is provided in a person-centred way. This involves creating a culture where people feel able to ask for what they need, knowing their privacy will be respected.

“Having a culture of psychological safety is essential if people are to ask for support at work. Be guided by the individual (don’t make assumptions) about what they need to perform at their best at work. Don’t question it or compare them to others. Everyone’s needs will be different, including people who share the same neurodivergent identity, and what helps people with similar challenges will also be different.

“There are lots of ways this can go wrong. For example, employees may not feel they can ask for adjustments or may not be sure how to.

“Also, managers and HR can rush to ‘solutions’ without properly ensuring these are actually needed. It’s important to understand what someone is finding challenging and explore options that may help, ensuring they are listening to the individual.”

Not unusual for workers in UK not to have neurodivergence diagnosis

ACAS highlights that it is not unusual for workers to be without a diagnosis. Reasons for this include concerns about negative reactions from others, or they simply do not feel the need to obtain one.

The organisation also points out on its website that obtaining a diagnosis can be a lengthy process – with substantial NHS waiting times, while pursuing private healthcare due to these delays can prove costly. An individual can receive a diagnosis at any point during their life. Experiences people encounter as adults can also make neurodivergent traits more apparent, resulting in a diagnosis.

Examples include the menopause or experiencing long covid. Even without a formal diagnosis, workers may exhibit neurodivergent characteristics. This could mean they require support in the workplace.

The organisation, which deals with workplace disputes, says it can prove emotionally challenging for workers who are grappling with a condition but lack a diagnosis, or who have recently received one. In both situations, ACAS recommends that UK workplaces provide appropriate support at work.

Source link

You may also like

Leave a Comment