Recent ACAS data reveals a stark reality: disability discrimination claims have jumped by 40.7% in 2024-2025, now representing 16% of all early conciliation cases compared to just 9% two years ago. For employers this trend demands immediate attention and strategic action.
Understanding the Scale of Change
This dramatic increase represents more than statistical variation – it signals a fundamental shift in how disability rights are understood and enforced in the workplace. The numbers tell a compelling story: what was once a relatively small proportion of employment disputes has become a significant category of legal challenge that no employer can afford to ignore.
The timing isn’t coincidental. Post-pandemic workplace dynamics, increased awareness of mental health issues, and evolving legal interpretations have led to the increase in disability discrimination claims. Employers who fail to adapt their approach risk facing not just individual tribunal cases, but patterns of claims that can devastate finances and business reputation as well as staff morale and engagement
The Root of the Problem
This increase isn’t happening in isolation. Mental health conditions like depression, anxiety, PTSD, and menopause-related symptoms are increasingly recognised as disabilities under the Equality Act 2010. This expansion of what constitutes a disability has caught many employers unprepared and can be costly for those who are not up to date.
Yet despite growing mental health awareness campaigns and Government initiatives, many employers are failing to provide meaningful support where it matters most – in day-to-day management decisions, workplace adjustments, and genuine cultural change.
The harsh truth, unfortunately, some workplace mental health initiatives are nothing more than box-ticking exercises. Superficial wellness programmes, mental health first aid training that’s never applied, and reactive policies implemented only after problems arise don’t create genuinely inclusive workplaces or supportive cultures that employees desperately need.
Economic pressures have made matters worse. Rising business costs, increased tax burdens, and relentless pressure to improve productivity levels have led some employers to cut flexible working arrangements without properly considering individual employee needs. This short-sighted approach often proves far more expensive when tribunal claims follow.
Whilst some employers are lagging behind with adopting positive changes to improve culture and reduce the risk of tribunal claims, many employers have taken positive steps to support employees with disabilities including those with physical and mental health conditions.
The Invisible Disability Challenge
Perhaps the most significant challenge facing employers is the rise in ‘invisible disabilities’ – conditions that aren’t immediately apparent but can substantially impact an employee’s ability to perform their role or cope with workplace demands. Unlike physical disabilities that may be obvious, conditions like chronic fatigue, fibromyalgia, anxiety disorders, or autism spectrum conditions require a more individual management approach.
Many managers are unable to fully support employees who have ‘invisible disabilities’ with workplace adjustments if they have not been made aware of the condition. However, where managers do have knowledge, their lack of understanding of the condition can cause delays in putting in place adequate adjustments. Some managers can be sceptical when employees don’t present any obvious symptoms however, each employee should be treated individually, especially as their symptoms can manifest in different ways depending on different factors and pressures.
Legal Complexity and Risk
The legal definition of disability remains complex, requiring conditions to have a “substantial and long-term adverse effect on normal day-to-day activities.” For this purpose, substantial effect means that the impairment must have a significant negative impact on the individual’s ability to perform daily tasks. A minor or trivial impact will unlikely qualify. For the condition to be considered long term then it must have lasted for at least 12 months or be likely to last for at least 12 months. Employment tribunals often need detailed medical evidence to determine disability status, but employers can’t simply wait for legal clarity before acting supportively.
This creates real risks for employers who might dismiss legitimate conditions through ignorance of their legal obligations or scepticism about invisible disabilities. The cost of getting this wrong extends far beyond Tribunal awards – it includes legal fees, management time, staff morale, and potential reputational damage.
Practical Steps to Protect Your Business
- Comprehensive management training is non-negotiable. Every manager needs thorough training on reasonable adjustments, the broad definition of disability under current law, and procedural fairness requirements. This isn’t a one-off training session – it requires ongoing education as the legal landscape evolves.
- Policy review and enhancement should focus on creating genuinely supportive frameworks rather than simply meeting minimum legal requirements. Your policies should anticipate common scenarios and provide clear guidance for managers facing difficult decisions including who can they can seek guidance from to implement adjustments and/or support if necessary.
- Documentation protocols are crucial. Poor record-keeping often turns manageable situations into Tribunal claims. Maintain detailed records of all discussions, decisions, and adjustments offered or made. Regularly undertake return to work interviews and discussions, especially where employees have been absent to ensure they are continuing to receive the right support.
- Early intervention strategies can prevent minor issues escalating into major problems. Create systems that identify and address potential disability-related challenges before they become formal complaints or legal claims.
- Medical evidence management requires careful handling. Know when to seek occupational health advice, how to request medical information appropriately, and how to make decisions when medical evidence is inconclusive or unavailable.
Mental health and first aiders – train individuals across the business in not only first aid but mental health first aid, so that they can support individuals when needed especially if some individuals feel they cannot speak to their manager.
Employment law is evolving to offer broader protections, with Tribunals increasingly recognising more conditions as disabilities. If you’re struggling at work due to a health condition, understanding your rights is crucial. The law provides significant protection, but knowing how to access that protection effectively often requires specialist advice.
Comment
Employment discrimination law is complex and the stakes are high. Our employment law specialists help businesses navigate these challenges while ensuring fair treatment for all employees. We understand that prevention is always better than cure, and early intervention can save substantial costs and disruption.
Whether you’re facing a potential claim, want to review your current practices, or need training for your management team, early professional advice can save significant costs and reputational damage.
Get In Touch
Sylviane Kokouendo is an Associate Partner in our Employment & HR Team. Sylviane advises on all aspects of employment law, supporting both employers and employees with contracts, policies, disputes, and workplace issues.
If you’d like to speak to Sylviane or another member of our team, please call 03330 606 026 or or fill out our online contact form.
