Recent ACAS figures show a significant jump in disputes involving disability discrimination. Early conciliation cases have increased by more than 40% compared to the previous year, with notifications moving from roughly 15,000 to just over 20,000. Tribunal‑related cases have followed a similar trajectory, climbing by over 40% to close to 12,000 referrals.
Mental health and hidden conditions at the forefront
A substantial part of this growth is linked to the increasing acknowledgement of mental health conditions—such as anxiety, depression, stress and menopause symptoms—as potential disabilities under the Equality Act 2010. These cases often arise where employees believe they have not received appropriate support. While public awareness of mental health issues has improved, employers sometimes fail to recognise that less visible or fluctuating conditions may meet the legal definition of disability.
Gaps in employer understanding remain
Challenges persist because some employers and managers are unsure about their obligations in relation to hidden or complex disabilities. In many cases, this is due to a lack of training or clarity rather than deliberate avoidance. Nevertheless, the gap between employee expectations and workplace support can lead to grievances escalating into formal disputes.
Recognise the broad scope of disability
Conditions such as anxiety, depression, stress and menopause can meet the Equality Act definition of disability in some cases. Employers must recognise that these conditions are not always visible and can vary in how they affect individuals. Each situation should be assessed individually rather than relying on assumptions or stereotypes.
Invest in manager and HR training
Many disputes stem from misunderstandings or lack of knowledge. Equipping managers with the skills to identify when adjustments may be needed reduces risk and builds trust.
Make reasonable adjustments meaningful
Support should be practical and tailored—whether that means flexibility in working hours, temporary role adjustments or additional wellbeing measures.
Act early and keep communication open
Proactive engagement with employees can resolve concerns before they escalate. Documenting conversations and actions taken is essential in case issues progress to formal disputes.
Stay alert to rising claims
With disability discrimination forming a growing proportion of ACAS cases, having clear policies, consistent processes and up‑to‑date training is increasingly important.
Need some help getting to grips with all of this? Give me a call!
