Often yes: homeworking can be a reasonable adjustment under the Equality Act 2010 if it removes a substantial disadvantage, but it isn't automatic — consider the request and refuse only with sound business reasons. A reasonable adjustment is a change you make so a disabled worker is not put at a real disadvantage by the way you run things. Working from home is one such change, and for some neurodivergent staff — for example where a noisy, bright open-plan office triggers sensory overload — it is the change that actually removes the disadvantage.
It is a legal duty, not a favour
Under sections 20 and 21 of the Equality Act 2010, once a way of working puts a disabled person at a substantial disadvantage compared with non-disabled colleagues, you have to take the steps it is reasonable to take to remove it. Failing to do that is itself disability discrimination. So a homeworking request from a neurodivergent employee is not a perk you grant or withhold at will; it engages a duty you owe by law.
Two points the headline guidance tends to skip. First, you do not need a diagnosis to act. Acas is clear that a worker does not need a formal diagnosis to be considered disabled under the Equality Act, and that you should support neurodivergent staff whether or not they have one. The trigger is the disadvantage, not a label, so do not gatekeep the adjustment behind a diagnosis or a waiting list. Second, "reasonable" cuts both ways: if full-time home working genuinely is not workable for the role, you still have to consider partial or alternative adjustments rather than simply saying no.
When you can say no — and how
You can refuse, but only on sound, evidenced business grounds, and only after genuinely weighing the request. Refusing without proper consideration is where employers come unstuck: tribunals have found that turning down a disabled employee's homeworking request without that genuine consideration can amount to a failure to make reasonable adjustments. A defensible approach looks like:
- agree the disadvantage with the employee — what specifically about the workplace causes the difficulty;
- try the adjustment and review it, rather than treating the first answer as final;
- record your business reasons if you refuse, and offer a partial alternative such as fixed home days, a quiet space, or flexible hours.
Free expert help exists — but do not stall on it
You do not have to work this out alone. A workplace needs assessment can pinpoint what helps, and Access to Work can fund support beyond your own legal duty (grant cap £69,260 for 2025-26). The catch is the wait: Access to Work currently carries long delays, so make the adjustments you owe now and treat the grant as a top-up, not a reason to pause.
Where the law comes from
Related
This page is general information, not clinical or legal advice.