In the last year alone, referrals to Acas for disability discrimination claims have risen by more than 40%. In 2024–25, nearly 12,000 cases were referred following tribunal claims, up from 8,496 the previous year. This dramatic increase now places disability at the centre of employment law disputes, making up 28% of all tribunal referrals, compared to just 23% two years prior.
But this isn’t just about numbers. It reflects a deeper transformation in how the UK workforce and employment tribunals understand disability. Conditions once considered private or “personal issues,” such as anxiety, depression, menopause symptoms, or neurodivergence, are now squarely within the legal definition of disability under the Equality Act 2010. That means they are protected by law, and employers are obliged to take them seriously.
Not only are disability discrimination cases rising, but the average cost of awards, and even defending them, is rising. The average award at employment tribunal for disability discrimination is £45,435. Sex discrimination claims average £37,607, sexual orientation £31,623, race £23,070, religion or belief £19,332, and age discrimination still comes in at £14,210.
And those are just the awards. Once you add in legal fees, HR time, internal disruption, the potential PR fallout, and the stress on everyone involved, the true cost is significantly higher. For many businesses, especially smaller ones, a single claim could be devastating.
What are employers getting wrong about disability discrimination?
The Equality Act defines disability as a physical or mental impairment that has a substantial and long-term adverse effect on a person’s ability to carry out normal daily activities. In practice, this covers a wide spectrum of conditions, including those that are not immediately visible, and it’s here that many employers are struggling.
The legal consequences are already being felt. Research from law firm Nockolds found that 16% of all workplace disputes now involve disability discrimination, nearly double the figure from two years ago. The firm attributes the rise not just to increased awareness among employees, but to the courts’ evolving recognition of hidden impairments, from stress-related burnout to long-COVID symptoms and menopause.
Business as usual is now a legal risk
For many employers, particularly under financial strain, there’s a growing temptation to dial back workplace support. As inflation and higher business taxation bite into budgets, some companies are scaling back flexible working arrangements, reducing wellbeing services, or pushing for stricter office attendance.
Often, the legal risk doesn’t stem from malicious intent, but from ignorance or procedural inertia. While most businesses have long since added ramps, lifts, and other physical adjustments in response to disability law, they remain far less prepared to deal with conditions that aren’t visible. Managers, untrained in dealing with mental health or menopause-related requests, either say nothing or say the wrong thing. HR policies may not keep up with emerging case law or evolving interpretations of what constitutes a “reasonable adjustment.” The result is litigation which is costly, time-consuming, and often avoidable.
Mental health: The silent impact on workplaces
One of the most striking changes is the sharp rise in claims linked to mental health. A government report published earlier this year found that young people with mental health conditions are nearly five times more likely to be economically inactive than their peers. The Institute for Fiscal Studies estimates that 13–15% of working-age people in the UK now live with a long-term mental or behavioural health condition, up from 8–10% a decade ago.
This means the likelihood of having someone in your workforce with a protected mental health condition is no longer marginal. It’s the norm. And the cost of failing to support those workers can be high.
From physical adjustments to cultural change
The new frontier in disability rights is not about wheelchair access or ergonomic desks. It’s about culture. It’s about managers who understand how to handle a conversation about burnout. HR teams that know how to document and implement a phased return to work. Policies that provide support for menopause without embarrassment or stigma.
And it’s about leadership that recognises that inclusive work environments are not just a legal obligation, they’re a competitive advantage.
So far, many employers are falling short. A lack of training, unclear procedures, and reactive rather than proactive policies are common problems. In some cases, these gaps are already being tested in court. But far more often, they play out in the day-to-day dysfunction of teams that don’t feel supported, managers who don’t feel empowered, and HR professionals caught in the middle.
What businesses should be doing now
To avoid becoming the next tribunal headline, employers need to take action — not just to tick boxes, but to meaningfully shift how they approach disability and inclusion. That means:
- Investing in training for managers on how to recognise and respond to hidden impairments, including mental health, menopause, and neurodivergence.
- Embedding reasonable adjustments into performance management, flexible working, and workplace design, not as special exceptions but as part of standard practice.
- Auditing HR policies to ensure they reflect the current legal definition of disability and are applied consistently.
- Documenting interactions and support measures clearly, so businesses can demonstrate that reasonable steps were taken.
- Partnering with experts, such as occupational health specialists or EAP providers, to ensure proper support mechanisms are in place.
Business risk summary: disability discrimination
| Risk Area | Description |
| Legal Liability | Rising tribunal claims, compensation, and legal fees |
| Operational Impact | Lost productivity, HR overhead, lower morale |
| Reputation & Recruitment | Public scrutiny, damage to employer brand, high turnover |
| Regulatory Scrutiny | Harder to defend lack of proactive measures |
