Key Message:
Employers must do more than just say they support neurodiversity, they must show it through timely, meaningful action. The case of Bahar Khorram vs. Capgemini UK underscores the legal and moral obligation to make reasonable adjustments before problems escalate.
The Case in Brief
In a landmark judgment partially upholding claims of disability discrimination, Capgemini UK was found to have failed in its duty to make reasonable adjustments for an employee with ADHD.
Bahar Khorram, a senior cloud technologist with over 25 years of global experience, joined the company in 2023. She was dismissed in February 2024 following a probationary period marked by poor communication, inadequate support, and, crucially, a failure to implement recommended neurodiversity training for colleagues.
While her claims of harassment were not upheld, the Employment Tribunal ruled that Capgemini’s failure to take up occupational health’s training recommendations constituted a continuing act of discrimination.
The Real-World Impact of Inaction
Khorram’s ADHD symptoms, difficulty with ambiguity, multitasking, and tight deadlines, were exacerbated by unclear expectations and a lack of reasonable support. Despite her disclosure, medical evidence, and proactive attempts to encourage training, the company failed to:
- Implement recommended ADHD awareness training for staff.
- Respond to her offer to co-attend training with her manager.
- Create an inclusive environment that accounted for her neurodiverse needs.
As the judge noted, the training wasn’t just a nice-to-have. It was a reasonable adjustment. It was practical. It was specific. And it was never delivered.
Why This Matters: The Data
- According to the TUC (2022), only 1 in 10 workers with ADHD have had reasonable adjustments put in place at work.
- A Neurodiversity at Work report (City & Guilds, 2023) found that 32% of neurodivergent workers had not disclosed their condition due to fear of stigma.
- Research from ACAS shows that proactive adjustments reduce grievance and tribunal cases by up to 40%.
- Employment tribunal claims relating to disability discrimination rose by 52% between 2019 and 2023 (HMCTS data).
This case is not an anomaly. It’s a warning.
What Should Have Happened: Proactive Reasonable Adjustments
The judge identified a critical missed opportunity: the recommended training could have ameliorated disadvantage and equipped colleagues to engage supportively.
Importantly, Khorram never objected to the training itself, only to the way it might single her out.
The tribunal acknowledged that inclusive design matters: training should be for all, not presented as a spotlight on one.
The Broader Challenge: Are Employers Ready for ADHD?
While awareness of autism in the workplace has grown, ADHD remains misunderstood. It is often invisible, masked, or dismissed as a performance issue rather than a disability requiring adjustment.
Employers must recognise:
- ADHD impacts how work is done, not whether work can be done.
- Neurodivergent staff often succeed with clarity, consistency, and compassion.
- Delays in support can lead to poor performance reviews, grievance procedures, mental health crises, and legal action.
Must-Do Checklist for Employers
To avoid the mistakes made by Capgemini and support neurodiverse employees effectively, here is a checklist every HR department and manager should adopt:
BEFORE issues arise:
- Include neurodiversity awareness in core training programmes for all staff.
- Design onboarding and probation with clarity, structure, and feedback loops.
- Ensure managers know how to spot requests for support, even if informally raised.
WHEN an employee discloses:
- Act immediately on occupational health or GP recommendations.
- Offer co-created, not imposed, adjustments.
- Avoid singling out individuals through poorly designed ‘remedial’ support.
- Keep clear records of adjustments requested, considered, and implemented.
ONGOING:
- Normalise open conversations about neurodiversity.
- Include neurodivergent staff in inclusion planning.
- Regularly audit your workplace practices through a neurodiverse lens.
Final Thought
Bahar Khorram’s case was not about one meeting, one deadline, or one awkward email, it was about a pattern of missed opportunities. The law is catching up with what many neurodivergent workers already know: support delayed is support denied.
Reasonable adjustments must be more than reactive paperwork. They must be embedded into how we recruit, manage, and retain talent. Because when inclusion is optional, exclusion becomes routine.