Attention Deficit Hyperactivity Disorder (ADHD)

 

Our team of Employment solicitors consists of dedicated specialists who deal exclusively with employment law. The team has over 30 years’ experience collectively and have wide, in-depth knowledge of all employment matters and disputes.

You can be assured Lawson-West’s Solicitors keep up to date with the latest legal developments and changes to bring you the best advice.

Lawson-West’s expert employment solicitors have significant experience of representing clients badly treated at work due to suffering from ADHD.

What is ADHD?

ADHD is a condition that affects people's behaviour. People may suffer with symptoms that includes:-

• lack of concentration which results in making it difficult to finish tasks, or becoming easily bored and having poor organisational skills;

• lack of awareness of the needs of others;

• hyperactivity such as inability to sit sill or being disruptive; and

• impulsiveness, such as speaking and acting without thinking, interrupting others, difficulty waiting their turn, and not learning from experience.

Adults with ADHD will often find that their memory, organisational skills, time management and overall performance at work is poor. This means meeting deadlines and retaining important information will be more problematic for an adult with the condition.

Treatment of ADHD

ADHD cannot be cured but is manageable, often with medication along with in some cases, psychological therapy involving counsellors, psychiatrists and psychologists. ADHD tends to improve with age but some people will continue to experience symptoms into their adult life. The difficulty then comes in the workplace with the associated problems that may affect their career.

If you are an employee suffering from ADHD, you may feel some anxiety about whether your employer will treat you differently for matters associated with your ill health - such as time off. The law offers some protection, but the level will depend on whether you qualify as disabled as described within the Equality Act 2010.

Not everyone with ADHD may consider themselves to have a disability, but in practice, you may well qualify for protection against discrimination.

If you are considered to have a disability because of your condition, you have the right to request a ‘reasonable adjustment’.

Thereafter your employer must take reasonable steps to implement the adjustments to your workplace or work arrangements required to ensure you are not at a ‘substantial disadvantage’ compared to other employees. It may be of benefit to seek the support of an Occupational Therapist who could provide you with examples of some adjustments that can be made to your role. 

Reasonable adjustments could include:

• allowing time for medical appointments

• dispensation for your level of absence, if related to your disability

• flexible working arrangements, e.g. shorter hours or a different working pattern

• moving your work station so it is in a quieter area to avoid distractions

• allocating some of your duties to someone else is workload becomes unmanageable

• offering new tasks that are more suitable and providing training on them if required

• organise a degree of supervision whether formal or informal to help with management and organisational skills e.g. appoint a workplace buddy

• be provided with a variety of tasks, working to clear guidelines and deadlines to avoid lack of concentration.

People with ADHD often also have dyslexia and are even associated with suffering with higher levels of exacerbated mental health, anxiety and depression, often due to the nature of symptoms. Therefore an employee disclosing their condition can help to develop a positive employment relationship and open communication. It may be a relief for an employee to talk to their employer about their ADHD because it can be a strain for them to hide their symptoms.

Making a claim – disability discrimination

If your employer does not consult with you, carry out the necessary checks and investigations and make any reasonable adjustments required following your request your work may suffer. In some circumstances you may find that you are dismissed on the basis that you are unable to carry out the role. If this is the case then you may be entitled to claim against your employer for disability discrimination.

There is no minimum length of employment required to bring a claim at the Employment Tribunal, but it is important to lodge your claim with ACAS within 3 months of the act of discrimination occurring. It is therefore essential that you take legal advice on your situation at an early stage and as soon as possible.

 

If you’re an employee receiving unfair treatment at work due to ADHD, we can help. Please remember there are strict time limits in Employment claims and you should take good free legal advice as soon as possible.

In addition to No Win No Fee, Lawson-West solicitors act for our clients on a variety of other funding arrangements including Legal Expenses insurance funding. We can assess your case to decide which is the best funding option for you.

With offices in Leicester and Market Harborough, our employment solicitors can discuss your employment law claim at any of our branches or remotely. In addition, we are a national provider of expert employment law advice and welcome a free discussion with you regarding your circumstances and potential claim.

If you believe you have a situation where you require free legal advice, please contact us on telephone 0116 212 1000 alternatively fill in the free Contact Us form and we will get in touch as soon as possible.