How do we manage performance for a neurodivergent employee?

Treat the issue as a support question first: under the Equality Act 2010 you must make reasonable adjustments and rule out a disability-linked cause before starting any formal capability procedure. A formal route is not unlawful in itself, but opening one before you have done that is where employers get caught.

Start with a supportive conversation, not a warning

Before anything formal, hold a calm one-to-one and ask what is getting in the way of the work. The aim is to find out whether the person’s neurodivergence is affecting their output, deadlines or the behaviour that has been flagged. You do not need a formal diagnosis for this duty to bite: a worker does not have to be diagnosed to be disabled under the Equality Act, and Acas is clear that you should offer support whether or not they have one. The duty is triggered by what you know, or could reasonably be expected to know.

Make and review reasonable adjustments

If neurodivergence is in play, your next move is to agree reasonable adjustments: changes to a working practice that puts a disabled person at a substantial disadvantage (section 20 of the Equality Act 2010). Adjustments that suit one person may not help another with the same condition, so listen and tailor them to the individual. Common examples:

1. Clarify the work. Written task lists, clear priorities, deadlines broken into steps, and instructions in writing rather than only spoken.
2. Change the environment. A quieter desk, noise-cancelling headphones, flexible start times or agreed home-working days to manage sensory load and focus.
3. Add support and tools. Regular check-ins, a mentor or buddy, assistive software, and a referral to a workplace needs assessment through Access to Work.

Put what you agree in writing, set a review date, and give the changes time to work. Failing to make adjustments is itself unlawful discrimination, not merely poor practice.

Only then consider a formal procedure

If genuine performance concerns remain after adjustments have been tried and reviewed, you can move to a formal capability procedure. Two risks decide whether that is safe. First, skipping the adjustments stage is a reasonable-adjustments failure (sections 20 and 21). Second, penalising someone for something that arises from their disability, such as slower output or absence linked to it, is unlawful unless you can justify it as a proportionate way of meeting a real business aim (section 15). Document the adjustments you made and why a concern still stands.

Adjust the procedure itself, not just the job. Acas gives practical examples: clearly organised, written-up meeting records for an autistic employee; talking through any written correspondence with a dyslexic employee; and allowing a support worker or companion to attend meetings. Offer this support even if the person only discloses their neurodivergence once a procedure has already begun.

This page is general information, not clinical or legal advice.