ACAS Reports Striking Increase In Amount Of Disability Discrimination Cases

New data shows that the number of disability discrimination claims received by Acas for early conciliation has increased by 40.7% in 2024 – 2025. The data also shows that disability discrimination claims now account for 16% of all early conciliation cases, compared to 9% in 2022 – 2023.

What prompted the increase?

Undeniably, the data is a clear indicator that something is shifting in employment law.

One of the key drivers for the increase appears to be the growing recognition of mental health conditions as disabilities under the Equality Act 2010. Conditions such as depression, anxiety, and menopause are increasingly being acknowledged as impairments that can have a substantial and long-term impact on day-to-day life.

Despite increased awareness of mental health in the workplace, many employers are still struggling to provide employees with meaningful support. Unfortunately, a lot of the initiatives taken by employers in this regard are superficial and/or reactive, meaning that employers are unable to create and maintain inclusive working environments or a supportive culture.

Moreover, factors such as the economy, an increase in taxes, and the pressure to improve productivity levels have also contributed to the rise in claims. For example, the aforementioned factors have resulted in some employers cutting back on flexible working arrangements without always considering the needs of individual employees

What can employers do to avoid disability discrimination claims?

From a legal perspective, the definition of disability remains nuanced, and whether someone meets the requirements of the definition under the Equality Act is not always clear cut. Often, disability status needs to be determined by an Employment Tribunal upon review of medical evidence.

This means that there is a real risk of employers dismissing legitimate mental health conditions through either a lack of awareness of their obligations as an employer or through scepticism of employees with invisible impairments.

Employers must provide adequate training for managers and HR teams with a particular focus on reasonable adjustments and procedural fairness. Investing in proper training and clear protocols is essential for anyone with people management responsibilities. The consequences of not doing so, as the data suggests, are the growing risk of an Employment Tribunal claim.

Take away for employees

The law is evolving to offer broader protections to employees, and Employment Tribunals are increasingly recognising a wide range of conditions as disabilities under the Equality Act 2010. If you’re facing challenges at work due to a health condition, it’s worth seeking advice and understanding your rights.