The Employment Rights Act 2025: Latest guidance and implementation timeline (formerly the Employment Rights Bill) became law in December 2025 and represents the most significant overhaul of UK employment law in years. While many of the headline changes relate to flexible working, unfair dismissal thresholds and working conditions, an equally important shift for employers is the growing legal and cultural focus on inclusion — especially neurodiversity. (Acas)
🧠 Why Neurodiversity Matters Now
Neurodiversity — including conditions such as autism, ADHD, dyslexia, dyspraxia, and other neurological differences — is increasingly recognised as a core part of workplace inclusion. Many people with neurodivergent traits meet the legal definition of disability under the Equality Act 2010, meaning employers must proactively support them and make reasonable adjustments to avoid disadvantage. (Darwin Gray)
Across 2025 and into 2026, there has been a rise in employment tribunal claims involving neurodiversity — a clear signal that reactive approaches to inclusion are no longer sufficient. (website)
📅 Key Developments for Employers
📌 1. Continued Duty to Make Reasonable Adjustments
Employers already have a legal duty under the Equality Act 2010 to make reasonable adjustments where a disabled employee (including many neurodivergent workers) faces a disadvantage. These might include: flexible working arrangements, adjusted recruitment processes, changes to the physical environment, assistive technology, altered communication methods, etc. (Acas)
Important note: A formal diagnosis is not required for an employee to receive support — what matters is the impact of a condition on workplace functioning. (Acas)
📌 2. Voluntary Reporting for Large Employers (From April 2026)
Although not yet a statutory duty, large employers (typically 250+ employees) are expected to begin voluntarily reporting disability and inclusion data, including neurodiversity indicators, in 2026 as part of the evolving regulatory landscape around equality reporting and inclusion. This anticipates future expectations — and possible legislative reporting requirements — that align with broader equality and disability pay gap reporting frameworks being consulted on in government and HR circles. (Aim Forward)
Action for HR:
✔ Ensure HR systems can capture and report self-declared neurodiversity and disability data (ethically and confidentially).
✔ Build out data governance and staff communication plans to encourage safe disclosure.
✔ Align reporting with existing gender and ethnicity pay gap processes where possible. (Aim Forward)
📌 3. Moving Beyond Legal Compliance
The legislative environment is shifting from reactive compliance (responding to requests and claims) to proactive inclusion. This means:
- Structured processes for workplace needs assessments for neurodivergent employees.
- Clear, documented policies on adjustments, review cycles, and escalation.
- Training for managers and HR on understanding invisible disabilities and supportive practices. (Aim Forward)
These aren’t yet legal requirements under the Employment Rights Act itself, but they form the foundation of good practice and reduce legal risk.
🏢 Does Your Company Know What It Needs To Do?
Here are key questions every organisation should be asking now:
🔹 Do we have a neurodiversity policy that goes beyond general disability adjustments?
🔹 Are managers trained to have supportive conversations about neurodiversity?
🔹 Can our HR systems track adjustments, outcomes, and disclosure rates securely?
🔹 Are our recruitment processes accessible and inclusive?
🔹 Do we need a Neurodiversity Champion or Sponsor to drive organisational focus and accountability?
🌟 Should You Appoint a Neurodiversity Champion?
While not mandatory, appointing a Neurodiversity Champion is rapidly becoming a best practice marker of an inclusive employer. A Champion can:
✔ Lead awareness and education initiatives
✔ Ensure alignment between policy and practice
✔ Advocate for systemic change and improvements
✔ Bridge HR processes with senior leadership priorities
This role can significantly elevate your organisation’s culture, drive retention, and reduce risk. Given rising expectations around transparency and inclusion, many companies are already embedding this function into their diversity, equity and inclusion (DEI) strategies.
📌 In Summary: What to Do Next
- Review your inclusion and adjustment policies in light of current Equality Act obligations.
- Prepare for voluntary reporting on disability and neurodiversity data in 2026.
- Invest in training managers and HR professionals on supporting neurodiverse colleagues. Get in touch to find out about our CPD Acredited Neurodiversity Champions Course info@sanitashub.co.uk
- Consider appointing a Neurodiversity Champion to lead your strategy and culture shift.
Conclusion:
The Employment Rights Act 2025 is more than a legal reform — it signals a broader shift towards workplaces that respect difference, remove barriers, and harness all talent. Forward-thinking employers will use this moment not just to comply, but to lead in inclusion.
