Research perspectives

The continuing challenge of disability discrimination in the workplace

Disability discrimination has emerged as one of the fastest-growing sources of workplace disputes, according to new analysis of ACAS data by law firm Nockolds. This rise reflects both a broader recognition of conditions such as depression, stress and menopause as disabilities, and an increasing willingness among employees to act when workplace support falls short.

Under the Equality Act 2010, disabilities include physical and mental impairments that have a substantial, long-term impact on daily life, making the scope of potential claims far-reaching. ACAS’s early conciliation process, which aims to resolve disputes before they reach an employment tribunal, has experienced a notable surge in disability-related cases. Tribunal-referred claims have also risen sharply, with disability matters now accounting for more than a quarter of all referrals, signalling deeper organisational challenges.

While awareness of mental health has improved, Nockolds notes that many employers continue to struggle to implement effective policies and support, particularly as economic pressures prompt some employers to reduce flexible working arrangements, sometimes at the expense of individual wellbeing. This growing disconnect between employee expectations and workplace provisions is intensifying tensions, fuelling grievances, and driving more disputes to formal resolution. The trend underscores the urgent need for employers to balance operational demands with inclusive practices that safeguard wellbeing.