Disability Discrimination at Work Is Rising

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Disclaimer: This article is for general information and awareness purposes only and does not constitute legal advice. Employment law is fact-specific, and anyone experiencing workplace discrimination should consider obtaining advice from Acas, a trade union, Citizens Advice, an employment solicitor or another appropriately qualified adviser. The Equality Act 2010 discussed in this article applies in Great Britain; different legislation applies in Northern Ireland.

Disability Discrimination Disputes Are Increasing: Why Reasonable Adjustments Cannot Be Treated as Optional)

As disability-related workplace disputes increase, employers need to understand that reasonable adjustments are not acts of kindness or optional perks; in appropriate circumstances, they are a legal duty.

Disability discrimination in the workplace is once again under the spotlight after new reporting revealed a significant rise in employment disputes concerning disability.

On 20 September 2026, the Financial Times reported that workplace disputes involving disability discrimination had increased by 26% over the previous year, citing Acas chair Baroness Maggie Jones. Greater awareness of neurodiversity and mental-health conditions has been identified as one factor, alongside continuing uncertainty among some employers about their responsibilities towards disabled workers and reasonable adjustments.

The figures come against an already heavily pressured Employment Tribunal system.

Official Ministry of Justice statistics published on 10 September 2026 show that between April and June 2026:

• Employment Tribunal single-claim receipts increased by 28% compared with the same quarter in 2025.
• Single-claim disposals fell by 6%.
• The open caseload of single Employment Tribunal claims increased by 51% year on year.
• There were approximately 70,000 open single claims at the end of June 2026 — the highest level in the published time series.
• When single and multiple claims are combined, the recorded open Employment Tribunal caseload stood at approximately 537,000 claims, although multiple claims can involve large groups of claims linked to the same employer.

These figures do not mean that every employment dispute involves disability discrimination, nor that every allegation ultimately succeeds.

They do, however, demonstrate the enormous pressure currently facing the employment justice system and underline why employers and workers should try to identify disability-related problems before relationships deteriorate beyond repair.

What Does the Equality Act 2010 Say?

Disability is one of the protected characteristics under the Equality Act 2010.

Under the Act, a person is generally considered disabled if they have a physical or mental impairment that has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities.

“Substantial” means more than minor or trivial, while “long-term” will generally mean that the effect has lasted, or is expected to last, for at least 12 months.

There are also special rules for progressive, recurring and fluctuating conditions. Multiple sclerosis, cancer and HIV are among conditions which receive particular protection under the legislation.

Importantly, disability is not restricted to conditions that can be seen.

It can include physical disabilities and illnesses as well as mental-health conditions, neurological conditions, neurodivergence and other long-term impairments where the statutory definition is satisfied.

Examples may include:

• Multiple sclerosis
• Arthritis
• Chronic pain conditions
• Fibromyalgia
• ME/CFS
• Long COVID
• Epilepsy
• Visual or hearing impairments
• Mobility impairments
• Diabetes
• Cancer
• OCD
• Depression
• Anxiety disorders
• PTSD
• Autism
• ADHD
• Dyslexia
• Dyspraxia

Whether a particular individual is legally disabled is determined by how the statutory test applies to their circumstances, rather than simply by the name of their diagnosis.

A formal diagnosis is also not invariably required before Equality Act protection can potentially arise. Acas notes, for example, that a neurodivergent worker does not necessarily need a diagnosis in order to meet the legal definition of disability.

What Are Reasonable Adjustments?

Reasonable adjustments are changes made to remove or reduce a substantial disadvantage experienced by a disabled person.

They are not a favour.

They are not a reward for good performance.

They are not something an employer should provide only when it is convenient.

Where the legal duty applies, employers are required to consider and make reasonable adjustments.

Acas states that the duty can apply to employees, workers, certain contractors and self-employed people personally carrying out work, as well as job applicants. Employers must act when they know, or could reasonably be expected to know, that a person is disabled and the circumstances requiring an adjustment arise.

Government guidance similarly confirms that employers must make reasonable adjustments so disabled workers are not placed at a substantial disadvantage.

Reasonable Does Not Mean Identical Treatment

One of the most damaging misconceptions surrounding disability equality is the idea that everyone must always be treated exactly the same.

Equality does not necessarily mean identical treatment.

If one worker can stand comfortably for eight hours and another worker experiences severe disability-related pain after standing for twenty minutes, requiring both people to work under exactly the same conditions may reproduce rather than remove disadvantage.

A reasonable adjustment may therefore mean treating somebody differently in order to achieve fairer access to work.

The argument:

“We cannot do that for you because everyone else will want it”

…does not automatically remove an employer’s Equality Act obligations.

The relevant question is whether a disabled worker is experiencing a disability-related disadvantage and whether a particular adjustment would be reasonable in the circumstances.

Examples of Reasonable Adjustments

There is no universal list because disability affects different people differently.

Two people with exactly the same diagnosis may require completely different support.

Depending upon the job and circumstances, adjustments could include:

• Additional or differently timed rest breaks.
• Allowing someone to sit rather than stand for prolonged periods.
• Providing an appropriate chair, stool or ergonomic workstation.
• Changing shift patterns.
• Flexible starting and finishing times.
• Home or hybrid working.
• Moving someone’s workstation to a quieter area.
• Adjusting lighting or reducing sensory triggers.
• Allowing additional time to complete certain tasks.
• Providing instructions in writing rather than only verbally.
• Breaking complex instructions into smaller steps.
• Providing screen readers, speech-to-text software or other assistive technology.
• Allowing time off for medical appointments or treatment.
• Adjusting disability-related absence procedures.
• Providing an accessible parking space.
• Modifying physical premises.
• Redistributing some duties where appropriate.
• A phased return following sickness absence.
• Providing specialist equipment or support.
• Providing information in an accessible format.
• Allowing an assistance dog despite an otherwise applicable no-dogs policy.

Acas expressly includes changes to working patterns, the distribution of breaks, home or hybrid working, disability-related absence arrangements, specialist equipment and accessible communications among potential adjustments.

Chronic Pain and Fatigue Must Not Be Ignored

Not every disability prevents someone from performing a task altogether.

Sometimes the person can perform the task, but doing so causes substantial pain, exhaustion or other consequences.

Government guidance on the Equality Act specifically recognises this distinction.

For example, a person may technically be capable of walking, standing, typing or carrying out another activity while still being substantially affected because the activity causes significant pain or cannot be sustained or repeated without overwhelming fatigue.

This is especially important for people living with:

• Multiple sclerosis
• Arthritis
• Musculoskeletal disorders
• Chronic back pain
• Fibromyalgia
• ME/CFS
• Long COVID
• Neurological conditions
• Chronic migraine
• Other fluctuating or fatigue-related illnesses

An employer should therefore be careful about assuming:

“You managed to do it yesterday, so you can do it today.”

Fluctuating disabilities do not necessarily affect a person identically every day.

Someone may have a relatively good morning followed by severe fatigue later in the day. Another employee may be able to perform a physical task once but experience significant consequences if required to repeat it continuously.

Invisible Disabilities Are Still Disabilities

Another recurring workplace problem is disbelief.

Someone who uses a wheelchair may have an obvious access requirement, whereas an employee living with OCD, PTSD, autism, ADHD, chronic pain or neurological fatigue may look outwardly well.

That does not make their impairment less significant.

Acas expressly recognises both physical and mental-health conditions within reasonable-adjustment obligations and advises employers not to make assumptions about how disability affects an individual.

Mental-health impairments can also qualify as disabilities under the Equality Act where the legal criteria are met, including where symptoms fluctuate rather than being continuously present.

An employee should not have to visibly “look disabled” before their difficulties are taken seriously.

Neurodiversity and the Workplace

Greater recognition of neurodivergence may be one reason more workers are becoming aware of their rights.

Neurodivergent conditions can include:

• Autism
• ADHD
• Dyslexia
• Dyspraxia

Potential adjustments might include:

• Clear written instructions.
• Extra processing time.
• Speech-to-text or text-to-speech software.
• Quiet working areas.
• Noise-reducing headphones.
• Regular breaks.
• Avoidance of unnecessary hot-desking.
• Clear routines.
• Advance notice of changes where possible.
• Breaking instructions into individual steps.
• Adjusting document formats.

Acas specifically recommends considering adjustments such as screen-reading or speech-to-text technology, clearer instructions, additional reading time, quiet workspaces and regular breaks according to the worker’s individual needs.

When Does an Employer Have to Know?

Employers are not expected to be mind readers.

However, the law does not necessarily allow an organisation simply to say:

“They never formally told us they were disabled.”

Acas states that an employer’s reasonable-adjustment responsibilities can arise where the employer knows, or could reasonably be expected to know, that somebody is disabled.

For a hidden disability, there may genuinely be no reason for an employer to know until the worker tells them.

In other situations, patterns of sickness absence, known medical treatment or obvious difficulties may make further discussion appropriate.

The safest approach is communication rather than assumptions.

What Does “Reasonable” Actually Mean?

Not every adjustment requested will automatically be legally reasonable.

What is reasonable depends upon the individual circumstances.

According to Acas, employers should consider matters including:

• Whether the adjustment would remove or reduce the disadvantage.
• How practical it would be.
• Whether it is affordable.
• Whether there are relevant health and safety implications.

The resources of the employer may therefore matter.

Installing a lift costing tens of thousands of pounds may create very different considerations for a microbusiness compared with a multinational company.

But refusing one proposed adjustment should not necessarily end the conversation.

If an employer considers a particular request unreasonable, Acas recommends discussing the decision with the disabled person, explaining why and looking for another reasonable way of providing support.

“We Don’t Have an HR Department” Is Not a Defence

Small companies sometimes operate without dedicated human-resources departments.

That does not remove their obligations under equality legislation.

Acas makes clear that even where an organisation has no specific reasonable-adjustment policy, it must still comply with the law.

Managers should therefore understand at least the basics of:

• Disability discrimination.
• Reasonable adjustments.
• Sickness absence.
• Grievance procedures.
• Harassment.
• Victimisation.
• Health and safety.
• Confidential handling of medical information.

A manager who does not know the law can still expose the business to legal risk.

Different Forms of Disability Discrimination

Disability discrimination is broader than deliberately refusing to employ somebody because they are disabled.

Acas identifies several forms of discrimination potentially relevant to disability, including:

Direct discrimination

Treating somebody less favourably because of disability.

Indirect discrimination

Applying a policy or practice that places disabled people at a particular disadvantage, unless it can be objectively justified.

Discrimination arising from disability

Treating somebody unfavourably because of something resulting from their disability, for example disability-related absence, subject to the particular legal tests and available justification.

Failure to make reasonable adjustments

Failing to make adjustments where the statutory duty applies.

Harassment

Unwanted conduct related to disability which has the relevant purpose or effect under the Equality Act.

Victimisation

Subjecting somebody to a detriment because they have done, or are believed to have done, a protected act connected with equality rights.

Acas gives the example of a worker who complains that agreed reasonable adjustments were not made and is subsequently singled out or prevented from seeking promotion. Depending upon the circumstances, such treatment could amount to victimisation.

Workers Should Not Be Punished for Asking for Help

Fear of retaliation can prevent disabled people from speaking up.

A worker may worry that asking for:

• Additional breaks,
• A chair,
• Altered duties,
• Flexible hours,
• Home working,
• Reduced sensory exposure,
• Time for medical appointments, will make them appear troublesome, unreliable or incapable.

That culture is dangerous.

Employees should be able to raise legitimate disability-related needs without being branded a problem simply for doing so.

At the same time, workers and employers should communicate openly about what is required, what is feasible and whether another adjustment could achieve the same objective.

Reasonable adjustments work best as a collaborative process rather than a battle between two opposing sides.

Disability-Related Absence and Performance

Disability issues can also become tangled with attendance and performance procedures.

For example, somebody may have:

• Regular hospital treatment.
• Disability-related fatigue.
• Episodes of neurological deterioration.
• Medication side effects.
• Mental-health flare-ups.
• A need for more frequent toilet breaks.
• Reduced concentration.
• Longer recovery periods.

Applying ordinary absence or performance procedures without considering the disability can create legal difficulties.

Acas advises employers dealing with disability-related absence to consider the individual’s circumstances, the impact of refusing an adjustment and the impact upon the organisation.

Similarly, capability concerns may sometimes be addressed by reasonable adjustments, such as altered shifts, specialist equipment or additional time for particular tasks.

Dismissal because of long-term illness should generally be considered only after other appropriate options have been explored, and disability discrimination law may also be relevant.

What Should an Employee Do If Adjustments Are Refused?

Where possible, workers should create a written record.

This could include:

1. Explaining the disability or health condition where appropriate.
2. Explaining the workplace disadvantage being experienced.
3. Identifying the adjustment being requested.
4. Explaining how the adjustment could reduce that disadvantage.
5. Keeping copies of emails and correspondence.
6. Keeping notes of relevant meetings.
7. Recording when agreed adjustments were supposed to be implemented.
8. Following up in writing where an adjustment has not been provided.
9. Requesting the employer’s reasonable-adjustment or equality policy.
10. Raising matters informally or through a formal grievance where appropriate.

An occupational-health assessment may also help identify possible adjustments, although an employer should not simply outsource its decision-making responsibility to occupational health.

Where a request is rejected, asking the employer to explain its reasoning in writing may help clarify whether another solution is available.

Employment Tribunal Deadlines Are Important

Workers should be particularly careful about tribunal time limits.

As of 20 September 2026, Acas states that the time limit for most Employment Tribunal claims is generally three months minus one day, calculated from the relevant event. In discrimination cases, determining when time begins to run can become complicated, particularly where there have been several alleged incidents.

Crucially, pursuing an internal grievance does not itself extend the tribunal deadline.

A significant change is, however, imminent.

Acas advises that from 1 October 2026, the limitation period for most claims will increase to six months minus one day where the time limit begins on or after 1 October 2026.

Anyone contemplating tribunal proceedings should therefore obtain current advice rather than relying on a general article, because calculating limitation dates incorrectly can potentially prevent a claim from proceeding.

Before making most Employment Tribunal claims, the claimant must first notify Acas, which will offer Early Conciliation. Properly notifying Acas within the applicable limitation period can pause the tribunal time limit while Early Conciliation takes place.

Why Employers Should Resolve Problems Early

The rising Employment Tribunal caseload should concern employers as much as employees.

Official statistics show that Employment Tribunal receipts are currently outstripping disposals, resulting in growing numbers of unresolved cases.

Litigation consumes:

• Time.
• Management resources.
• Legal costs.
• Employee resources.
• Emotional energy.
• Workplace relationships.
• Productivity.

Some disputes will inevitably require judicial determination.

Others may begin with something remarkably simple: a chair that was never provided, an altered shift that was dismissed without discussion, disability-related sickness counted mechanically against an employee, or a manager who failed to listen.

Early conversation cannot solve every discrimination dispute, but neither should reasonable-adjustment discussions be allowed to become meaningless box-ticking exercises.

A Reasonable Adjustment Is Not Preferential Treatment

Perhaps the most important message is this:

Removing a disability-related barrier is not giving somebody an unfair advantage.

If one employee requires glasses to read a computer screen, nobody seriously suggests removing everybody else’s glasses in the interests of equality.

Workplace adjustments operate according to the same basic principle.

• A person may need a stool because standing causes pain.
• Another may need written instructions because verbal information is difficult to process.
• Someone with severe anxiety may need a fixed workstation rather than hot-desking.
• A person with MS may need regular rest breaks because neurological fatigue makes prolonged activity difficult.
• A worker with OCD may require changes to particular workplace practices where those practices place them at a substantial disability-related disadvantage.
• Another employee may require no adjustments whatsoever.

Disability equality is inherently individual.

Employers Should Build Accessibility Into Workplace Culture

The best time to understand reasonable adjustments is not after an Employment Tribunal claim lands on the desk.

Employers can reduce disputes by creating workplaces where disability can be discussed safely and practically.

That means:

• Training managers.
• Having accessible adjustment procedures.
• Recording agreed adjustments.
• Reviewing them when circumstances change.
• Consulting the disabled person.
• Avoiding assumptions based upon appearance.
• Understanding invisible and fluctuating disabilities.
• Treating mental and physical impairments seriously.
• Challenging disability-related bullying or harassment.
• Ensuring new managers honour existing arrangements unless there is a legitimate reason to reconsider them.
• Seeking advice where the law is unclear.

Previous Acas research into disability discrimination claims found that disputes frequently involved disagreements over reasonable adjustments, management of disability-related sickness absence and later complaints, resignations or dismissals. It also identified cases in which agreed adjustments were slow to materialise or were reconsidered after a change in management.

That suggests prevention requires more than having an equality policy stored somewhere on a company server.

It requires the policy to work in practice.

What About Access to Work?

Some disabled workers may also be eligible for support through the government’s Access to Work scheme.

Support can potentially contribute towards specialist equipment, adaptations, practical assistance or other disability-related employment support.

However, Access to Work should not be regarded as a substitute for an employer’s Equality Act responsibilities. Acas expressly states that the scheme does not replace the employer’s legal duty to provide and pay for reasonable adjustments where that duty applies.

Conclusion

The rise in disability-related employment disputes should be treated as a warning.

It would be too simplistic to conclude that every increase represents deliberate discrimination by employers. Increased awareness of disability rights, recognition of neurodivergence and mental-health conditions, changing working practices and greater willingness to challenge unfair treatment may all influence the figures.

But misunderstanding the law is no longer sustainable.

Disabled people should not have to choose between protecting their health and keeping their jobs.

Nor should somebody have to reach a breaking point before a simple workplace barrier is taken seriously.

For employers, reasonable adjustments should be approached as an ordinary part of responsible workforce management, discussing the barrier, considering the options, recording what has been agreed and reviewing whether it works.

For employees, knowing your rights matters.

A reasonable adjustment is not special treatment.

It is about removing a disability-related disadvantage so that a person has a fair opportunity to work, contribute and thrive.

Anyone facing a possible Employment Tribunal claim should act promptly because statutory time limits apply and can be complicated.

Useful Resources

• https://www.ft.com/reports/modern-workplace-disability?syn-25a6b1a6=1
• https://www.acas.org.uk/baroness-jones-announced-as-new-acas-chair
• https://www.legislation.gov.uk/ukpga/2010/15/contents
• https://www.acas.org.uk/employment-tribunal-time-limits
• https://www.uklegalguides.com/time-limit-for-employment-tribunal-claims/
• https://www.recordinglaw.com/united-kingdom/employment-law/employment-tribunal-time-limits/
• https://www.tribunalclaimsolicitors.co.uk/early-conciliation-time-limit/
• https://ukworkrights.co.uk/tribunal.html#gsc.tab=0
• https://humanrisq.com/
• https://disabledentrepreneur.uk/category/employment-law/