A deputy store manager at Lidl who was dismissed for gross misconduct after breaking company rules has been awarded more than £45,000 by an employment tribunal, which found the supermarket failed to take his ADHD diagnosis into account.
Ryan Toghill, who had told his bosses he had been diagnosed with Attention Deficit Hyperactivity Disorder, was called to a disciplinary meeting after using equipment he hadn't been trained to use. He was dismissed for gross misconduct but successfully appealed and was offered a lower-paid role. He rejected it and took his case to a tribunal.
“Lidl deputy store manager awarded over £45,000 after tribunal found employer failed to make reasonable adjustments for his ADHD.”
The judge ruled that Lidl had not fully considered Toghill's ADHD during the disciplinary process. Reasonable adjustments, such as additional breaks, were not offered. The tribunal also found that a manager's description of Toghill showing "a lack of remorse" was clearly linked with communication differences associated with having ADHD.
"I don't show a lot of emotions," Toghill said. "I could be incredibly happy, angry, upset, or remorseful, and my facial expressions and tone of voice would essentially remain the same."
The tribunal upheld parts of his claims for unfair dismissal, wrongful dismissal and a failure to make reasonable adjustments.
Lidl told the BBC it is "committed to ensuring that everyone receives the reasonable adjustments, clear communication and support they need to thrive."
Campaigners, lawyers and HR teams say cases like this highlight a shift that businesses should be paying attention to. Thousands of people have been diagnosed as neurodivergent in the last few years – an umbrella term covering autism, ADHD and other conditions such as dyslexia and Tourette's syndrome. Since the pandemic, diagnosis rates for ADHD and autism have been rising, and they are featuring more regularly in employment tribunal disputes.
The Equality Act 2010 may protect neurodivergent people even without a formal diagnosis, if they can show their condition has a substantial and long-term adverse effect on daily activities. Cases going to tribunal can involve employers failing to make adjustments, but also how people are treated at work. In a separate 2025 tribunal, a software engineer with ADHD was found to have faced discrimination after a manager sighed and made other expressions.
For businesses, the message is clear: ignoring neurodiversity is no longer a safe option.