If you are stuck in such a situation, here is what to do.

Mr. Liam O’Connell, an employee at a marketing firm, “BrightSpark Creatives,” in a city like Bristol for over a year, began to suspect he had Attention Deficit Hyperactivity Disorder (ADHD) due to lifelong challenges that were becoming more apparent. Seeking to be transparent, he mentioned his suspicions and the ongoing process of seeking a diagnosis to his line manager, Ms. Eleanor Vance, during his annual performance review in early March. The review form had a section for health updates. While Ms. Vance appeared sympathetic, she stated that the company would not discuss any potential workplace adjustments until a formal medical diagnosis was provided. Liam felt this was contrary to his rights but had no written record of this verbal exchange.

Last month, Liam received his official ADHD diagnosis from a qualified specialist. He immediately informed his company by sending an email to both Ms. Vance and the company owner, Mr. Peterson. Attached to the email were a confirmation of his diagnosis and a detailed document outlining how his condition affects his work, along with a list of suggested reasonable adjustments. He explicitly mentioned the company’s duty under the Equality Act 2010 and expressed his desire to find a mutually beneficial solution. He ensured to copy his personal email address on this correspondence for his records.

Coincidentally, a few days prior to this, Liam had submitted his resignation, which triggered a three-month notice period. The company owner, Mr. Peterson, has now responded by scheduling a meeting and stating that it will likely involve a referral for an occupational health assessment. Liam is concerned that this is a delaying tactic, especially given his impending departure, and wonders about the necessity of such an assessment when he has already provided a medical diagnosis and evidence.

Advice in such cases

Navigating disability and workplace adjustments can be a delicate process. It is crucial to handle it methodically to protect your rights.

• Maintain a written record of all communications. After verbal conversations, send a follow-up email summarising what was discussed.
• Cooperate with the request for an occupational health (OH) assessment. This is a standard and reasonable step for an employer to take. It allows them to get independent medical advice on how your condition affects you at work and what adjustments would be appropriate. It is not necessarily a delaying tactic but often a way for the employer to fulfil their legal duties correctly.
• Prepare for the OH assessment by having clear examples of how your condition impacts your work and what specific adjustments you believe would help.
• Continue to perform your duties to the best of your ability during your notice period. The employer’s duty to make reasonable adjustments continues until your last day of employment.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of 100 GBP to 400 GBP depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored.

Applicable Sections of Law

The primary legislation governing this situation in the UK is the Equality Act 2010.

• Section 6: Disability. This section defines a disability as a physical or mental impairment that has a ‘substantial’ and ‘long-term’ adverse effect on a person’s ability to carry out normal day-to-day activities. ADHD can fall under this definition.
• Section 20: Duty to make adjustments. This places a legal duty on employers to make “reasonable adjustments” for disabled employees who are placed at a substantial disadvantage. This duty is triggered when the employer knows, or ought reasonably to know, about the disability.
• Section 21: Failure to comply with duty. An employer’s failure to make a reasonable adjustment amounts to unlawful discrimination.
• Section 39: Employees and applicants. This section specifies that it is unlawful for an employer to discriminate against an employee, including during their employment and by dismissing them or subjecting them to any other detriment.

If you are the complainant

As the person raising the issue, your role is to be clear, proactive, and organised. Clearly communicate your needs and the challenges you face. Provide the necessary medical information to your employer. It is important to engage constructively with the processes your employer initiates, such as an occupational health assessment, as this demonstrates your willingness to find a workable solution. Keep detailed notes and copies of all correspondence.

If you are the victim

If you feel you are a victim of discrimination because your employer has failed in their duty, it is important to understand your position. The disadvantage you face must be ‘substantial’. The refusal to discuss adjustments before a formal diagnosis could be seen as a failure in their duty, as the duty can be triggered when an employer has good reason to believe an employee may have a disability. Any detriment you suffer, such as disciplinary action for performance issues related to your disability, could be discriminatory if reasonable adjustments were not made.

How employers might behave in such cases

Employers’ reactions can vary. A well-informed and supportive employer will engage proactively, discuss your needs, and promptly consider adjustments. Others may be more cautious or defensive, particularly in smaller companies without dedicated HR departments. A request for an occupational health assessment is a very common and legitimate response. It helps the employer understand the medical realities of your situation from an employment perspective and provides them with expert recommendations, which protects them from legal claims and helps them provide the right support. While it can feel like a delay, it is often a necessary part of the formal process.

FAQs people normally have

• What is the point of an occupational health assessment if I have a diagnosis? A diagnosis confirms the condition, but an OH assessment advises the employer on the specific impact on your job role and recommends practical, work-related adjustments. It translates the medical diagnosis into a workplace context.
• Can my employer legally wait for a diagnosis before making adjustments? It is risky for them to do so. The duty arises when they know, or should reasonably know, of the disability. Disclosing symptoms and that you are seeking a diagnosis could be enough to trigger their duty to at least discuss the situation.
• What is a “reasonable” adjustment? This depends on the specific circumstances, including the effectiveness of the adjustment, its practicality, the cost, and the size and resources of the employer. Examples include flexible working hours, providing specialist software, changing your workspace, or reallocating minor duties.
• Does my employer’s duty stop because I have resigned? No. The duty to make reasonable adjustments continues throughout your notice period until your final day of employment.

What evidence is required?

Should you need to pursue a formal complaint or a claim at an Employment Tribunal, strong evidence is key. This includes:

• All written correspondence with your employer (emails, letters).
• Detailed, dated notes of any verbal conversations, including who was present and what was said.
• The formal diagnosis letter and any other medical reports.
• Your written suggestions for reasonable adjustments.
• Any past performance reviews or appraisals, especially those where health was discussed.
• A copy of your job description and contract of employment.

How long will the investigation take?

The internal process timeline can vary. An occupational health referral, assessment, and subsequent report can take several weeks. Following the report, your employer should meet with you to discuss the recommendations and implement agreed-upon adjustments. If the matter escalates to an external body like ACAS (Advisory, Conciliation and Arbitration Service) for early conciliation, this has its own timeline. If a claim is lodged with an Employment Tribunal, the entire process can take many months, or even over a year, to reach a final hearing.

Advocate Sudhir Rao, Supreme Court of India