We read every published ADHD employment tribunal judgment in Britain. All 475 of them. Here is what actually decides these cases.
The ADHD Tribunal Files is the first complete analysis of every published ADHD employment tribunal judgment in Britain: 475 judgments, read and coded, by Collette Easton. Not summaries, not keyword counts. Judgments.
The finding that matters most: outcomes track manager behaviour, not claimant condition. Where a judgment records clean management practice, employers won 4 cases in 5. Where nobody considered the disability before acting, claimants won nearly 3 in 4.
How many ADHD tribunal cases are there really?
Fewer than the headlines say, growing faster than most employers think. The GOV.UK database returns 487 results for "ADHD" (480 unique cases, 2016–2026). We read all of them. Only 259 are really about ADHD; in the rest, the keyword belongs to a family member, a colleague, a quoted guidance document, or a condition mentioned in passing. Public counts based on keyword searches overstate the litigated volume roughly 2×.
The 259 core cases are still growing steeply: 12 in 2020 to 72 in 2025, six-fold in five years, with 43 already published for the first half of 2026. The claim window doubled to six months in 2025, and unfair dismissal becomes a day-one right from 2027.
What do these cases cost?
| Measure | Figure |
|---|---|
| Median award (34 core cases with stated awards) | £20,786 |
| Largest award (Wright-Turner v LB Hammersmith & Fulham) | £3,780,587 |
| Defence costs, borne win or lose | £8,500–£50,000+ |
| Claimant success rate at merits hearings | 39% |
Awards from the 34 core cases with stated awards; discrimination awards are uncapped. Success rate across merits-decided core cases.
Yes, you read the last line correctly: claimants lose most of these cases. Employers still pay to defend every one. The risk isn't losing. It's playing. And the tribunal record is the visible fraction: for every published judgment, our modelling suggests several hundred to a thousand ADHD-affected employees simply leave their jobs without ever claiming.
What are the Four Misreads?
The Four Misreads are the four ways managers document ADHD symptoms as character flaws: detail errors as carelessness, undone tasks as laziness, emotional reactions as aggression, and lateness as disrespect.
They are the engine of this corpus. Almost none of the 259 cases involve slurs or deliberate discrimination. They involve a symptom, read as a character flaw, and then documented as one, at which point the write-up becomes the claimant's paper trail. The most litigated trait is not the one people guess: inattention and detail errors, read as carelessness, appear in 114 cases, ahead of lateness (23), emotional dysregulation (59) and task initiation read as laziness (63). Anxiety or depression appears alongside ADHD in 104 cases; in many, the ADHD surfaced only after years of being managed as a "stress problem".
What loses these cases for employers?
Six patterns, in order of how often judgments record them:
- Grievances mishandled (59 cases), the single most common failure
- Performance management without adjustments (54)
- No manager neurodiversity training evident (50), and where this appears, claimants won 70% of the time
- Adjustments agreed but delayed or never implemented (43)
- Rigid absence processes (41)
- Adjustments refused (39)
The pattern closest to a rule: in every verified case where a formal process (a PIP, disciplinary or dismissal) simply carried on after an ADHD disclosure, the employer lost a connected claim. The starkest example is Ghiotto v Hawkwell House Hotel (2025): an employee disclosed self-identified, undiagnosed ADHD and was dismissed the next day, on the belief that no diagnosis meant no protection. Direct discrimination.
What saves employers?
The employers who won did unglamorous things: they documented adjustment decisions and their reasons at the time; they read occupational health reports and acted on them; they trialled adjustments even when imperfect; they paused formal processes when a disability entered the picture. In the judges' words:
"There was no evidence that the claimant's ADHD was considered before the decision to suspend, or that the OH report had been read."
Jackson v Kent County Council"The respondent failed to act on that first OH report and failed to make such adjustments as would have been reasonable."
Colfer v Secretary of State for JusticeThe defensive playbook and the retention playbook turn out to be the same document. The paper trail that wins tribunals is a by-product of managing people well.
What should an employer do after an ADHD disclosure?
Pause before sanctioning. If any formal process is live when someone discloses, stop it moving until adjustments have been assessed and the plan revisited. We call this the Disclosure Pause, and it is the single highest-value habit in the corpus. Beyond that: treat OH advice as instructions rather than paperwork, record every adjustment decision including the declines, and brief managers on the Four Misreads before they write the word "careless" in a performance note.
Methodology, and what we got wrong
All 480 unique decisions were indexed from the GOV.UK employment tribunal database; 475 full judgments (99%) were retrieved and coded against a controlled schema covering claims, outcomes, awards, disability findings, ADHD traits described, and the management behaviours in each fact pattern. Five judgments could not be retrieved and are listed in the dataset.
Because coding at this scale uses AI-assisted extraction, we ran an independent verification pass against freshly fetched source judgments before publishing: 18 case-level claims checked, 10 confirmed exactly, 8 corrected for nuance, 0 unsupported. One early finding did not survive verification: our initial coding suggested nine process-after-disclosure losses; strict re-checking supports six of six, three with caveats, and we corrected every document that used the earlier figure. We publish that correction deliberately. If you quote this research, quote the verified numbers.
Every case in the corpus is a public record; the full case list with GOV.UK links is available in the case index (CSV). Aggregate figures carry ordinary extraction-error risk and we invite corrections: collette@colletteeaston.com.
Frequently asked questions
Does an employee need a formal ADHD diagnosis to be protected?
No. The Equality Act protects anyone whose condition has a substantial, long-term effect on day-to-day activities. An employer was found to have directly discriminated for dismissing an employee with self-identified, undiagnosed ADHD (Ghiotto v Hawkwell House Hotel, 2025).
How often do employers win ADHD tribunal cases?
Most of the time: claimants succeeded in 39% of merits-decided core cases. But the win rate collapses where specific management failures appear, and defence costs of £8,500–£50,000 are unrecoverable even in victory.
Who conducted this research?
Collette Easton: a three-time founder-CEO, diagnosed with ADHD at 49, accredited coach. The judgments are public records; the reading and coding are hers.
Can I use these findings?
Yes, with attribution to "The ADHD Tribunal Files, Collette Easton, colletteeaston.com/research". The one thing we ask: use the verified numbers, exactly.
The patterns above are free, and always will be. The working documents that install them, the disclosure protocol, the pre-sanction checklist, the adjustments log, each annotated with the case law, are The Three Moments, £295. If the research is all you need, take it with our blessing.
This research is management education, not legal advice. Case characterisations are drawn from published judgments at gov.uk/employment-tribunal-decisions. © Loops Work Limited, 2026.