She told them she thought she had ADHD. They dismissed her the next day, believing no diagnosis meant no protection. The tribunal disagreed on every count.
We read all 475 published ADHD employment tribunal judgments in Britain. Not summaries. Judgments. The pattern was not subtle: where the judgment records clean management practice, employers won 4 cases in 5. Where managers pressed on without considering the disability, claimants won nearly 3 in 4, at a median of £20,786 and a ceiling of £3.78 million. In every verified case where a formal process simply carried on after disclosure, the employer lost.
The difference between the two groups was never a policy. It was what a manager did in three specific moments. The Three Moments is exactly that: the three moments, made into working documents. Moment one, disclosure. Moment two, sanction. Moment three, adjustment.
Three artefacts, each annotated with the case law that makes it necessary:
The Disclosure First-Week Protocol
What happens in the seven days after someone says "I have ADHD", or "I think I might". Day 0 script through Day 7 written close-out. Because the duty starts at disclosure, not diagnosis, and one employer learned that by dismissing someone with self-identified, undiagnosed ADHD. Direct discrimination. (Ghiotto v Hawkwell House Hotel, 2025.)
The Pre-Sanction Disability Checklist
Eight questions before any PIP, disciplinary, probation decision or dismissal. The moment it protects is the one with the cleanest record of employer losses in the entire corpus.
The Adjustments Decision Log
One central record of every request, decision, reason and review date. Tribunals are decided on records: "we did consider it" without a written trace reads as "we didn't". Forty-three cases in the corpus involved adjustments that were agreed and then quietly never happened.
Question 3 of the Pre-Sanction Checklist:
Have we read the most recent OH or medical advice, and acted on it?
Jackson v Kent County Council: no evidence ADHD was considered, or the OH report read, before the decision to suspend. H v Partnerships in Care (£56,822): a job offer withdrawn on the basis of an OH report, without ever consulting the person or her GP, was discrimination arising from disability. Read it, act on it, and talk to the person about it.
Every question in the pack works like that. A plain instruction, and the judgment that exists because someone skipped it.
Claimants lose most of these cases. We read the judgments; that's what they show. So this is not a panic purchase, and if anyone sells it to you as one, hold your wallet. The economics are quieter and worse: you pay £8,500 to £50,000 to defend even the claims you win, and the same management habits that create claims are quietly costing you the ADHD employees who never claim, they just leave — several hundred of them, we estimate, for every judgment that gets published.
You can't buy insurance against any of this. You can only build the capability.
It costs less than one claim, and it pays out in retention every year even if you're never sued.
It is not legal advice; live claims belong with an employment solicitor. It is not a neurodiversity policy; you probably have one of those, and it is probably not changing what happens in a 1:1. And it will not install itself: the guidance document includes the 30-day rollout, but the rollout is yours to run. If you want the installation done with your leadership team, that is the workshop, and we will tell you plainly if that is what you actually need.
"We already have a policy."
So did most of the employers in the 475 judgments. A policy sits on an intranet. It does not pause a PIP, read an OH report, or write down why an adjustment was declined. Managers who make the right call in the moment protect you at tribunal. Documents that tell them what the right call is, at the moment they need it, are the closest thing to that you can buy for £295.
The three artefacts plus the guidance and evidence document, with the 30-day installation plan.
If you find it's not useful as you have this covered and don't use it, say so in 7 days, and I'll refund you.
I built and sold three companies on an ADHD brain I did not understand until I was 49. I have been the manager who got these moments wrong and the employee who paid for it, usually in the same week. The research is mine: every published ADHD tribunal judgment in Britain, read and coded. Nobody else has done that, which is why nobody else can annotate a checklist with what actually loses these cases.
Collette Easton · CEO ×3 · Association for Coaching accredited
P.S.
Not ready to spend anything? The 10-minute risk audit is free, no email required, and will tell you which of the three artefacts you need most. Take it, score yourself, and come back if the answer stings: colletteeaston.com/audit