Is Neurodivergence a Disability? Let's Talk About It!
I have a Master's degree in Chemistry. I worked full-time since graduating. I run my own business. I'm in a long-term relationship. I love going to the gym and socialising.
All of these things meant that when I got my first diagnosis of ADHD over four years ago, I couldn't accept myself as being disabled for a long time. I looked happy and thriving, but behind closed doors, I was dealing with exhaustion, burnout, and the persistent feeling of always being behind.
I’d internalised the idea that disability was something other people had, something visible, something worse. I thought calling myself disabled would somehow be disrespectful to “real” disabled people.
Learning to name myself as disabled has been empowering. It’s helped me ask for the support I need, at work and beyond, and to let go of the pressure to constantly mask or cope alone.
I’m not sharing this to suggest that everyone should see themselves as disabled. That’s a personal decision. I want to open up that conversation as not only someone who has been on that journey of accepting my disability and benefitting from my legal rights, but also as a union rep with United Tech and Allied Workers who primarily deals with cases of potential disability discrimination from neurodivergent members.
In this article, I’ll cover:
The legal definition of disability in the UK
How this applies to neurodivergent people, with a case law example
Reasons neurodivergent people may struggle to identify as disabled
How different models of disability can help us make sense of it all
Disclaimer: This article is provided for informational and educational purposes only and should not be construed as legal advice. For advice on your specific situation, please consult a qualified legal professional or advisor.
📖 The legal definition of disability
The Equality Act 2010 is the main piece of legislation protecting disabled people in the workplace in England, Wales and Scotland (Northern Ireland has separate laws). Under this Act, “disability” is one of nine protected characteristics, and neurodivergent people may be covered even if they don’t identify as disabled.
Section 6 of the Equality Act defines disability as:
“A physical or mental impairment that has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities.”
Substantial means more than minor or trivial.
Long-term means lasting, or likely to last, 12 months or more.
Day-to-day activities include tasks like concentrating, reading, communicating, organising, and travelling independently, tasks often affected by neurodivergent traits.
The government’s guidance and case law make it clear that it’s not just about physical disabilities; neurodevelopmental conditions such as ADHD, autism, dyslexia, and dyspraxia, as well as some mental health conditions like OCD and bipolar disorder, can meet this definition, especially where the impact is consistent and significant.
🤔 So, are all neurodivergent people disabled?
Under the Equality Act, there are only a few conditions that are automatically considered disabilities. These include cancer, HIV, and Multiple Sclerosis.
For everything else, including neurodivergent conditions, it depends on whether the condition has a substantial and long-term effect on a person’s day-to-day life. It’s about how the condition affects you, not just the label itself.
Someone who masks significantly or relies on numerous coping strategies may still meet the legal definition of disability.
Someone who has a job, a social life, and can live independently may still meet the legal definition of disability.
Someone whose condition has only a minor impact on their daily life may not meet the legal definition.
🏛️ Case law example - James v The Venture (Wrexham) Ltd 2025
In this case, the Employment Tribunal held that a claimant with autism was disabled under the Equality Act, even though he described himself as “high-functioning.”
The tribunal noted that while Mr James was intelligent and articulate, he faced more than minor or trivial barriers in everyday interactions due to sensory sensitivities (such as loud music in the play-centre), limited eye contact, and literal interpretation of language.
The tribunal upheld claims of harassment, victimisation, and unauthorised deduction of wages, awarding Mr James a total of £17,154. Source.
💡 Why might neurodivergent people find it difficult to accept they are disabled?
Even if someone meets the legal definition of disability, they may find it hard to see themselves that way. There are lots of reasons for this:
Stereotypes
Disability is often imagined as something visible or physical. Many people grow up thinking disability means using a wheelchair, being blind, or having an obvious physical difference, so invisible or fluctuating conditions, including many neurodivergent experiences, don’t seem to “count.”
Stigma
Disabled people are often portrayed in the media through lenses of pity, tragedy, or “inspiration”, rarely as ordinary people with complex, valid lives. This can make “disability” feel like a negative or limiting label rather than a neutral description or a community.
Late-diagnosis
If you’ve spent decades masking, compensating, or working twice as hard to meet “normal” expectations, it can be difficult to suddenly view yourself as disabled. Many people, like me, think, “I’ve survived this far, I must be fine”, even if that survival has come at a pretty big cost.
Internalised Ableism
Most of us, whether we realise it or not, have absorbed harmful ideas about disability that it’s shameful, tragic, or something to overcome.
These beliefs can make it uncomfortable or even painful to claim the identity of “disabled,” even when legal rights or adjustments could be helpful.
⚖ The Medical vs Social Model of Disability
One thing that often helps is understanding the difference between the medical and social models of disability.
The medical model focuses on the individual’s deficits and impairments, hence the use of words like "deficit" and "disorder" in many condition names. It sees the person as “broken” or in need of fixing.
The social model shifts the focus to society: it says that people are disabled by barriers in the environment, not by their bodies or minds. In other words, it’s not your autism, ADHD, or dyslexia that disables you; it’s the way workplaces, systems, and attitudes are built without you in mind.
This framing can make it easier to understand how someone can be both “low support needs" in some areas and still disabled by exclusion, bias, or inaccessible environments.
👉 One practical tip:
Even if you don’t personally identify as disabled, it may not be wise to say this explicitly to your employer.
There is a risk of employers using statements like this to avoid their legal duty to make adjustments, claiming “they said themselves they’re not disabled” as an excuse.
You don’t have to label yourself, but you can still ask for the support you need and ensure you're protected.
💫 Looking ahead
I hope for a future where more people understand that disability is broader than many of us were taught to believe — not limited to what we can see or what fits outdated stereotypes.
A future where we stop measuring who is “disabled enough” to count, and instead recognise that everyone faces barriers that are valid, different, and worth addressing.
A future where disability isn’t something to feel ashamed of - where people who choose to identify as disabled can do so without fear, stigma, or judgment. Where neurodivergent people know their rights, feel confident in asking for adjustments, and can show up as their authentic selves at work.
Not everyone will want or need to use the term “disabled” for themselves, and that’s okay too. The point is: the choice should be yours - not dictated by outdated ideas of who “counts.”
If your organisation is ready to move beyond awareness and start embedding real inclusion, I can help 👋
We work with teams to review policies, create accessible processes, and build confidence around neurodiversity and disability inclusion.
📥 Or use the contact form below and we’ll get back to you within 2 working days.
Thank you for reading, and stay fabulous,
Parul x
