Talem Law

Talem Law is a specialist law firm in the areas of Employment Law and Special Educational Needs (SEN

28/04/2026

We see this stated a lot:

“A diagnosis of ADHD or autism means the individual is disabled under the Equality Act.”

It’s not that simple.

A person diagnosed with ADHD or autism may meet the definition of disability.
It is not automatic.

The Equality Act 2010 sets out a legal test.

That test considers 4 questions:
❓does a person have a physical or mental impairment?
❓does it have an adverse effect on normal day-to-day activities?
❓is it substantial?
❓is it long-term?

The focus is on impact.

A diagnosis of ADHD or autism does not determine the legal position.

27/04/2026

We are halfway through our A–Z of disability in the workplace.

“M” is for mental impairment.

The definition of disability under the Equality Act 2010 is a legal test, not a medical one.

Many employers and employees assume that a diagnosis answers the question.

It doesn’t.

There is a structured analysis to work through the elements of the test.

23/04/2026

We came across a comment recently suggesting that systems and governance are important, but that their aim should not simply be to reduce litigation risk and that culture change should be the primary focus.

Culture is important. That much is clear. The difficulty is that this is not what we see in practice.

What we see is that real, meaningful cultural change generally only begins once organisations introduce structure and start to see the benefit of it. For example, if an employer has a clear way of considering reasonable adjustments, consistent decision-making and properly documented decisions, this changes how managers approach situations day to day. Reasonable adjustments are made earlier, issues are handled more consistently and the risk of grievances or tribunal claims reduces. At that point, organisations begin to see this as something that works for everyone rather than something to be cautious about.

That is what drives a real shift in culture and attitude. Not the intention to change culture first, but the experience of doing this work properly and seeing the impact of it. Of course, employee forums, awareness days and similar initiatives can support cultural change, but the real shift happens when the governance infrastructure is in place.

Get the structure right. Culture follows.

21/04/2026

We came across this in the Employment Tribunal National User Group minutes and had to go back and check it properly.

“About half of all discrimination claims are now disability discrimination claims.

It is, by far, the most litigated protected characteristic.”

This reflects something we see in practice. Disability is often where legal risk sits, but it is not always recognised early enough.

By the time matters reach a grievance or tribunal, the opportunity to get it right has already passed.

Tribunals are not where these issues are fixed. They are where the consequences play out.

The focus has to be earlier, with a clear understanding of the legal framework, structured decision-making, and confidence in how to approach disability matters in practice.

This is the work we do with organisations, helping them get it right before it becomes a claim.

20/04/2026

Continuing our Disability in the Workplace: A–Z series, this week is the letter “L.”

“L” is for “long-term adverse effect”.

This is one element of the legal definition of disability under the Equality Act 2010.

It requires careful consideration.
It should not be assumed or dismissed.

16/04/2026

When employers decide that an adjustment is “not reasonable”, what sits behind that decision?

It often sounds like:
• “It’s too costly”
• “It wouldn’t be fair to others”
• “The role just can’t work like that.”

An employer may convince themselves that these are legitimate considerations.

In reality, those conclusions are often reached too quickly, without a structured way of assessing the disadvantage, what could realistically be changed, and how the decision is being recorded.

The issue is not simply the outcome. The issue is how the decision is reached.

Without a proper process, the answer is formed early and everything that follows simply reinforces it. That is how situations escalate into performance concerns, grievances, and Employment Tribunal claims.

Not every requested adjustment will be reasonable. That is not the problem.

Where a structured process has been followed, with proper consideration given, employees are far more likely to understand the outcome, even where the answer is no. In many cases, that same process identifies other adjustments that can be made.

The problem is reaching “no” without a proper process.

14/04/2026

Decisions like this are often made because they feel reasonable at the time.

Without a clear process, that’s where risk starts to build.

The domino effect is not always recognised at the outset.

13/04/2026

Reasonable adjustments are often treated as a one-off act.

Put in place… and left there.

In practice, that’s where things start to drift.

What was reasonable at one point may not remain so over time.

Part of out A–Z of disability in the workplace.

09/04/2026

The focus often goes to justification.

That’s where decisions feel most defensible.

In practice, that’s not where the issue usually sits.

The difficulty often lies in what happened before.

07/04/2026

J” is for Justification.

It’s often where employers feel most confident.

They think there is a clear reason for the decision.
It feels like the logical conclusion.

So the focus goes there.

In practice, that’s rarely where the difficulty lies.

What tends to matter far more is what happened before that point.

That part is often less visible.
Less structured.
Less clearly understood.

By the time justification is relied on, the position is often already weakened.

Part of our A–Z of disability in the workplace.

04/04/2026

Happy birthday to the one and only Sean 🎉

Co-founder of Talem Law, SEND lead, and someone who brings real clarity to disability across everything we do.

Have a brilliant day, Sean!

02/04/2026

Earlier this week we talked about the gap between knowledge of disability and action in the workplace.

What actually happens next, and what is the impact?

A meeting is usually arranged.

As is often the case, a number of things are discussed.

Talking about disability at work is not always straightforward. There can be uncertainty about what can be asked. Employees may be cautious about what they share. Managers may be unsure how far to go.

The result is that conversations do not always have a clear structure.

People leave with a general sense that something has been covered, without real clarity on what happens next.

That is where problems start to surface.

This is not about having more conversations. It is about having something around those conversations that makes them effective.

In practice, this means having an underlying structure that brings focus to what needs to be addressed, supports follow through, and reduces the likelihood of issues being revisited later in a more formal way.

The “To-do list” is one part of that.

It is not the whole solution. It sits within a wider approach that helps organisations manage disability properly in the workplace.

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