Disability discrimination claims rise by 41%

New data from ACAS shows a rise of 41% year on year in disability discrimination claims being brought before employment tribunals in the UK. While the figures do not reveal the reasons behind the increase, they suggest more employees are willing to take formal action if they believe they have been treated unfairly because of a disability. 

For small and medium-sized businesses, this trend is a warning sign. Unlike large corporates with dedicated HR and legal teams, smaller businesses may not have the same in-house resources to manage complex discrimination issues. However, the legal responsibilities are exactly the same. 

Why the rise matters 

The increase in claims points to growing awareness of employee rights under the Equality Act 2010 and a greater confidence in using the tribunal process. For employers, the potential consequences go beyond the cost of defending a claim. Allegations of disability discrimination can cause significant reputational harm, particularly given the sensitivity of the issues involved. 

Common pitfalls for employers 

Disability discrimination can occur in many ways, from treating someone less favourably because of a disability to failing to make reasonable adjustments. For employers, problems often arise when: 

• Managing sickness absence without considering reasonable adjustments 

• Applying performance management processes without taking an employee’s condition into account 

• Failing to train managers on how to deal with disability-related issues sensitively and in line with the law 

Reducing the risk 

The most effective way to prevent disability discrimination claims is to create a workplace where employees feel supported and adjustments are made where needed. This can include: 

• Training managers to identify and respond to disability issues appropriately 

• Having open and constructive conversations with employees about adjustments that could help them work effectively 

• Reviewing policies and procedures to ensure they are inclusive and legally compliant 

• Seeking early legal advice when situations are complex or unclear 

The increase in claims is a reminder that compliance is not simply about meeting legal requirements. It is about building a working environment where all employees can perform at their best, and where the risk of disputes reaching a tribunal is greatly reduced. 

If your business is unsure how to meet its obligations or wants to reduce the risk of a tribunal claim, our experienced employment law solicitors can help. We will work with you to review policies, train your managers, and resolve issues before they escalate. Get in touch today for clear, practical advice.