In England, Scotland and Wales, ADHD, autism and many mental health conditions can count as a disability under the Equality Act 2010. If yours does, and your employer knows or should reasonably know, they must make reasonable adjustments. These are changes that remove or reduce a disadvantage you face at work. Your employer pays for them. You do not need a diagnosis to ask. The government's Access to Work scheme can fund extra support, including mental health support, but not the adjustments your employer must make. A fit note can suggest changes too. If you are refused, use your employer's grievance process, then Acas. From 1 October 2026, most tribunal claims have a 6-month time limit.
This guide is for workers in Great Britain. Northern Ireland has a separate system, covered briefly at the end.
The Equality Act does not list conditions. Section 6 asks whether you have a physical or mental impairment. It must have a "substantial and long-term adverse effect" on your ability to carry out normal day-to-day activities.
Acas says being neurodivergent "will often amount to a disability" under the Act. It also says a mental health problem can be a disability. Whether yours does depends on its effect on you, not on the label.
Not every case meets the test. Acas still advises employers to offer support and explore adjustments where a mental health problem is not a disability.
Section 20 of the Act sets out three requirements. An employer must take reasonable steps to avoid a substantial disadvantage caused by:
Your employer cannot make you pay for these adjustments. The duty covers employees, workers, contractors hired to do the work personally, and job applicants.
What "reasonable" means. Acas says it depends on the situation. An employer should weigh whether an adjustment will reduce the disadvantage, is practical, is affordable, and is safe for others. They do not have to change the basic nature of the job. If they decide one adjustment is not reasonable, they should still look for others that are.
When the duty starts. It applies when the employer knows, or could reasonably be expected to know, that you are disabled and disadvantaged. Acas gives examples: you ask for adjustments, you are struggling with part of the job, or your absence is linked to your condition.
No. Acas says nobody has to tell an employer, or a potential employer, that they are disabled. But the duty to adjust depends on what the employer knows. In practice, you usually need to share enough for them to act.
You do not need a diagnosis. Acas says employers should support neurodivergent workers whether or not they have one. An employer may ask for proof, but you are not legally required to provide it. Acas also notes that long NHS waits are a common reason for having no diagnosis. If you are in that position, see our guide to the adult ADHD wait in the UK. The Right to Choose route may be an option in England.
When applying for jobs. Section 60 stops most employers asking about your health before offering you work. There are exceptions. One is asking whether you need adjustments for an interview or test. You can ask for adjustments at any stage of recruitment.
Adjustments are individual. What helps one autistic person may not help another. These examples come from Acas guidance.
Acas notes that neurodivergent workers are more likely to experience burnout at work. If you are not sure whether you are dealing with burnout or ADHD, read adult ADHD or burnout: how to tell the difference. For autistic adults, autistic burnout is not the same as depression, and the right adjustments differ.
Acas suggests three ways to ask: in writing, in a meeting with your manager, or through a formal process if your employer has one. Putting it in writing gives you a record. Acas publishes a request letter template.
Before the conversation, Acas suggests thinking about:
Your employer should meet you, listen and not make assumptions. They may suggest an occupational health assessment or a letter to your doctor, with your agreement. Agreed adjustments should be confirmed in writing.
Keep it under review. Acas suggests reviewing adjustments regularly, for example every 6 months, or when your role or condition changes. A reasonable adjustments passport records what has been agreed. It saves repeating the process with a new manager. Acas points to the Health Adjustment Passport on GOV.UK as a template.
A fit note is medical advice about your fitness for work. Doctors, nurses, occupational therapists, pharmacists and physiotherapists can issue one after an assessment. You can self-certify for the first 7 calendar days of sickness.
If the note says you "may be fit for work", it can suggest:
GOV.UK guidance says this is advice and the employer does not have to agree. If they cannot make the changes, the same fit note covers your sick pay. The guidance also tells employers to consider the Equality Act and reasonable adjustments.
Access to Work is a government grant for disabled people and people with health conditions. Details below are as of 2 November 2026. The GOV.UK guide was last updated on 27 October 2026.
Who can apply. You must:
GOV.UK names autism, ADHD, anxiety and depression as examples. You do not need a diagnosis. Self-employed people need an annual turnover of at least £6,500. Civil servants get support from their employer instead.
What it can pay for. Examples include specialist equipment and software, a job coach or support worker, and extra travel costs if you cannot use public transport. A grant does not affect your other benefits, and you do not repay it.
Mental health support. Access to Work also offers a tailored plan and one-to-one sessions with a mental health professional. You apply directly to Able Futures or Maximus, not both. You can only receive this support once.
What it will not pay for. Access to Work does not pay for reasonable adjustments. Those remain your employer's legal duty. Acas says the scheme is not a substitute for that duty.
How to apply. Apply online through GOV.UK, or call the Access to Work helpline on 0800 121 7479 (Monday to Friday, 9am to 5pm). You will need:
An adviser will contact you. They may ask to speak to your employer, or arrange a workplace assessment. You get a decision letter saying what the grant covers. If you disagree, call the helpline to ask for a reconsideration. For ongoing support, you can apply to renew 12 weeks before the grant ends.
An employer may think an adjustment is not reasonable. Acas says they should then talk to you, explain the decision, and try other ways to support you. Failing to make reasonable adjustments is a form of disability discrimination.
Steps, in order:
Time limits are strict. From 1 October 2026, you usually have 6 months to bring a tribunal claim. This applies where the act or failure happened on or after that date. If it happened before 1 October 2026, the old 3-month limit applies. The clock pauses while Acas conciliation runs. Raising a grievance does not pause it.
With a failure to make adjustments, the start date can be hard to pin down. The law treats a failure as happening when the employer decided on it. Without clear evidence, that is when they acted inconsistently, or when they could reasonably have been expected to act. Get advice early, not at the deadline.
GOV.UK says the Equality Act 2010 does not apply to Northern Ireland. Different disability law applies there. Access to Work (NI) is run separately by the Department for Communities, through nidirect. It helps with equipment, workplace adaptations, support workers and extra travel costs. Like the GB scheme, it does not pay for adjustments your employer must make.
If you live in Ireland, different law applies again. Speak to Citizens Information.
Do I need a diagnosis to get reasonable adjustments?
No. Acas says a worker does not need a diagnosis to be considered disabled under the Equality Act. Access to Work also accepts applications without one. A diagnosis can still help to show how your condition affects you. For autism routes in England, see our adult autism assessment guide.
My ADHD medication works well. Does that mean I am not disabled?
Not necessarily. The Act says to judge an impairment as it would be without treatment. Whether you meet the definition depends on the effect without medication.
Can my employer refuse because it costs too much?
Cost is one factor in whether an adjustment is reasonable. Acas says a small employer may not afford what a large one can. But a refusal of one adjustment does not end the duty. The employer should consider other reasonable options.
Will Access to Work pay for my adjustments?
Not for adjustments your employer is legally required to make. It covers extra support beyond that. It can also advise your employer on which changes count as reasonable adjustments.
Can I ask for adjustments at a job interview?
Yes. Acas says applicants can ask for adjustments at any stage, such as more time for a test. Access to Work can also pay for communication support at an interview.
If you are thinking about an ADHD or autism assessment, you can read about Proco's planned clinician-led assessments.
This article is general information, not legal or medical advice. For advice on your situation, contact Acas, a trade union or an employment solicitor.
Reviewed by: Proco Team
Last updated: November 2026