Legal duty of employers under the Equality Act 2010

In the education sector, inclusivity is not only best practice but also a legal requirement. Under the Equality Act 2010, schools, colleges and universities have a duty to avoid disability discrimination and to make reasonable adjustments for disabled staff, including those who are neurodivergent.

Failure to comply with this duty can expose educational institutions to Employment Tribunal claims, many of which increasingly involve issues relating to neurodiversity. It is therefore essential for employers in the education sector to understand their responsibilities and take proactive steps to support neurodiverse staff.

The business case for inclusion

Beyond compliance, creating an inclusive workplace fosters a positive culture, improves staff wellbeing, and enhances the overall educational environment. By supporting neurodiverse colleagues, educational institutions benefit from a broader range of skills, perspectives, and creativity, ultimately strengthening both teaching and learning outcomes.

Practical steps to support neurodiverse staff

1. Training and awareness

Providing neurodiversity training for managers and teaching staff can help raise awareness, dispel misconceptions, and embed practical strategies to support colleagues. This ensures teams are confident in recognising when reasonable adjustments may be required.

2. Proactive adjustments

The duty to make reasonable adjustments is a positive obligation. Employers should act as soon as they become aware that a disabled employee is at a substantial disadvantage. Timely adjustments can include flexible working arrangements, adapted communication methods, or tailored performance management processes.

3. Inclusive recruitment practices

Recruitment materials should highlight the organisation’s commitment to inclusion and the value placed on neurodiverse staff. Making adjustments at the application and interview stage – such as offering questions in advance or alternative assessment formats – demonstrates a genuine commitment to accessibility.

4. Occupational Health support

Where appropriate, and with employee consent, input from Occupational Health Specialists can be invaluable. Workplace needs assessments and formal reports often provide clear recommendations on adjustments. Employers should act promptly on these recommendations to ensure compliance and to reassure staff that their needs are being met.

5. Sensitive communication

Employers should avoid directly questioning staff about neurodiversity unless the employee chooses to disclose this information. A culture of openness, combined with confidentiality and respect, encourages staff to seek support when needed.

Why inclusivity should be a priority for educational institutions

Supporting neurodiverse employees is more than a legal obligation—it is an opportunity to create a stronger, more inclusive workforce. By implementing reasonable adjustments, schools and universities can:

• Reduce the risk of legal claims.
• Improve staff engagement and retention.
• Promote a positive and supportive organisational culture.
• Enhance the learning environment for students.

How Geldards can help

Our experienced Schools Team advises schools, colleges, and universities across the UK on compliance with the Equality Act 2010, workplace inclusion, and defending Employment Tribunal claims. We work closely with education providers to design policies, deliver training, and implement practical solutions that ensure compliance while promoting an inclusive workplace culture.

If you would like advice on supporting neurodiverse staff or managing reasonable adjustments in the education sector, please contact our specialist Education Sector team