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Right/Protection | Available from Day 1? | Notes |
|---|---|---|
Unfair Dismissal (ordinary) | No (needs 2 years) | Except for “automatically unfair” reasons |
Equality Act (disability) | Yes | No minimum service |
Notice Pay | Yes | Unless gross misconduct and contract allows |
Holiday Pay | Yes | Accrued but untaken holiday must be paid out |
Written Reasons for Dismissal | No (unless 2 years) | But you can always ask for them |
1. The Emotional Reality
Disclosing ADHD or autism at work can feel risky and vulnerable. If you’re dismissed soon after, it’s natural to feel powerless or confused.
Many people are told they have “no rights” if dismissed before two years, but that’s not the full picture.
2. What You Don’t Have Under Two Years
Most ordinary unfair dismissal rights require two years’ service.
You usually can’t claim ordinary unfair dismissal.
You don’t have the right to written reasons for dismissal (unless you ask and have two years’ service).
3. What You Do Have From Day One
You still have important legal protections, even with less than two years’ service.
Protection from disability discrimination under the Equality Act 2010.
The right to notice pay, holiday pay, and final wages (unless gross misconduct and your contract allows summary dismissal).
The right to claim if your dismissal is linked to your neurodivergence, or if your employer failed to make reasonable adjustments.
Quick Reference Table
4. Case Study: “Sam’s Story”
Sam’s experience shows how the law can protect you, even with less than two years’ service.
Sam, a project manager, told HR about his ADHD and asked for support. Two months later, after being criticised for “judgement” and “professional boundaries,” he was dismissed. The letter said “breakdown of trust.” Sam kept his emails and Occupational Health referral, started ACAS Early Conciliation, and claimed disability discrimination. The tribunal found his employer hadn’t made reasonable adjustments and dismissed him for ADHD-linked behaviour. Sam won compensation.
5. Is ADHD or Autism a Disability?
ADHD and autism are usually disabilities under the Equality Act if they have a substantial, long-term effect on daily life.
You don’t need to be “severely” affected or underperforming.
Difficulties with focus, time management, communication, or emotional regulation often count.
6. What Did the Employer Know, and When?
Your employer can be liable if they knew, or should have known, about your disability.
Actual knowledge: You told HR, your manager, or Occupational Health (ideally in writing).
Constructive knowledge: You described symptoms, asked for help, or your struggles were obvious.
Tip: Always follow up verbal conversations with a short email.
7. The “Conduct” Trap
Employers rarely say “we’re firing you for your disability.” They use phrases like “judgement,” “boundaries,” or “trust.”
If your ADHD or autism affects impulsivity, communication, or emotional regulation, these are often reframed as “conduct” issues.
This is where the Equality Act protects you.
Key Legal Points
Section 15: It’s unlawful to treat you unfavourably because of something arising from your disability (like organisation, impulsivity or communication style), unless the employer can justify it.
Section 20: Employers must make reasonable adjustments if their policies or practices put you at a disadvantage because of your disability.
Examples of Reasonable Adjustments:
Clear written instructions and priorities
Structured check-ins
Feedback delivered in a specific way
Advance warning before meetings or events
8. Warnings, Process, and “Moving the Goalposts”
If your employer only acknowledges your disability late in the process, or relies on old warnings, this can strengthen your claim.
Tribunals look for consistency and whether your employer genuinely considered your ADHD or autism at the right time.
9. Signing Termination Letters and “Waivers”
You might be handed a letter with legal-sounding clauses and asked to sign quickly.
A real settlement agreement (that waives your legal rights) must meet strict requirements, including independent legal advice.
If you didn’t get that advice, what you signed probably doesn’t stop you bringing a claim.
If Pressured to Sign:
Don’t sign on the spot. Say: “I need time to review and get advice.”
Ask for the agreement in writing and time to consider.
If you’ve already signed, check if you got proper legal advice—if not, the “waiver” may not be valid.
10. Why ADHD and Autism Make These Moments Harder
Neurodivergence can mean acting quickly under pressure, feeling shame or urgency, and only later realising what you agreed to.
Bring a trusted person to meetings if possible.
Ask for everything in writing.
Give yourself permission to pause and seek advice.
11. How to Build a Written Record
A short, calm email after a conversation is enough to create a paper trail.
Example Wording:
“Following our conversation, I’m confirming I have ADHD, which can affect [X]. I’m requesting reasonable adjustments and would like Occupational Health input.”
“For my own clarity, could we confirm expectations and feedback in writing?”
12. Step-by-Step if You Suspect Discrimination
Gather evidence: emails, HR records, Occupational Health reports, messages about your ADHD or autism, or requests for support.
Timeline of events: dates, who said what, when.
Ask for written reasons for your dismissal.
Start ACAS Early Conciliation (strict 3-month time limit).
Consider a Subject Access Request to see what’s on file about you.
Think carefully before raising a grievance—sometimes it helps, sometimes it just gives the employer more time.
13. Covering Yourself
Never share details of private court proceedings or confidential settlement negotiations with a colleague or on social media.
Stick to facts and keep your communications professional and calm.
14. The Bottom Line
You can be dismissed lawfully even if you’re neurodivergent. But if your employer:
Knew about your ADHD or autism
Didn’t make reasonable adjustments
Punished you for behaviours linked to your disability
Pressured you to sign away your rights without proper advice
…then you might have a claim—regardless of your length of service.
Take a breath, get your paperwork in order, and don’t rush to sign anything. You have more rights than you might think.
Disclaimer: This aritcle is general information, not financial, legal or medical advice. Outcomes may vary based on the evidence submitted as part of your claim.
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