Why is there a big surge in disability discrimination cases related to mental health?

Acas data shows that the number of disability discrimination cases referred to them post-submission of a claim to the Employment Tribunals has risen by 41% year on year from 8,946 in the year 2023-2024 to 11,958 in the year 2024-2025.

The numbers for early conciliation applications reflect a similar position, increasing YOY to 28%, up from 23% during the previous period.

What is causing this surge in disability discrimination cases?

The answer is bound to be multi-factorial. Let’s consider some of the reasons here. We will probably never get an exact answer.

• The working population is ageing. Disability increases with age. A larger proportion of the working population is likely to meet the Equality Act 2010 definition of disability. 

• The disability discrimination legislation has been in force for some time now with the original provisions having previously been enshrined in the Disability Discrimination Act 1995. It takes time for legislation to come into full use. 

• The scope of what is a disability is widening in case law. Some legal commentators say it is easier than ever to prove disability and that the hurdle to do so is being lowered all the time. 

• More diagnosis of medical conditions is occurring. We live in the Age of Diagnosis. Nowhere is this more marked than in the upswing of diagnosis around neurodiverse conditions. Many people with neurodiversity do not consider themselves to be disabled and prefer to think of themselves as differently wired. In the context of employment however there are certainly more people than ever opening up about neurodiversity and relying on the disability discrimination provisions of the Equality Act to protect their employment position.

• The overall model of disability has changed fundamentally over time and encapsulates more types of difference. 

• Employees are (sometimes falsely) persuaded that it is safe to reveal disabilities in the workplace and in particular around neurodiversity because many organisations profess to embrace neurodiversity. On the ground the picture is somewhat different. Employees are finding that even in workplaces where neurodiversity is celebrated the attitudes towards supporting them and making reasonable adjustments are not quite what has been advertised!

• People are more litigious than they used to be. Whatever the social influences for this are it is a fact that more people are prepared to stand up for their rights. Rather than taking matters into their own hands and leaving a toxic organisation workers are sticking to their guns and demanding what they see as what they deserve. Some might argue that we live in the Age of Compensation.

This blog was written by Yavnik Ganguly, Senior Solicitor at didlaw.