The total number of employment tribunal claims sent to Acas for early conciliation increased by 7%, from 31,198 to 33,501, between 2021 and 2023.
Comparatively, the number of disability discrimination claims sent for conciliation surged by 30%, from 6,545 to 8,496 in the same timeframe. These made up a quarter of the total number of claims referred to Acas for conciliation.
A surge in disability discrimination claims could be attributed to an increased awareness of neurodivergent conditions and mental health, according to Joanna Sutton, Nockolds' principal associate.
Speaking to HR magazine, Sutton said that the surge in claims was likely due to "the increase in neurodivergent conditions such as autism, Asperger's and dyspraxia becoming more widely diagnosed and known, as well as increased attention on menopause and mental ill-health and the impact of such conditions being likely to qualify as disabilities under the Equality Act 2010”.
Read more: Disability Action Plan should offer more workplace support, say specialists
In 2020-21, 5% of people self-referred to NHS England services for mental health, learning disabilities and autism services. This increased to 6.3% in 2022-23.
Employers could prevent disability discrimination claims reaching early conciliation stage by ensuring they support disabled employees, Sutton added.
She said that HR can prevent claims of disability discrimination reaching Acas "by being alive to the broadening definition of what constitutes a disability, ensuring that managers are fully trained in respect of this and by having an open culture where employees can share any impact on their work in order that appropriate support can be given and adjustments made.”
In April 2024, the government published updated guidance for employers to support disabled people at work. The Disability Confident guide explained what constituted a disability and explained how employers could recruit, retain and foster the progression of employees with a disability.
Read more: New disability guidance for managers
HR is also responsible for encouraging employees to report instances of disability discrimination, according to Joanna Hurry, a disability, equality and diversity consultant.
“HR can help managers and staff by encouraging early reporting and addressing issues promptly,” she told HR magazine.
“HR teams should be well-trained in disability awareness and legal frameworks. Internal mediation can help resolve conflicts sensitively. Providing support systems for complainants, transparency, and a timely dispute resolution process are also crucial.”
Training employees in disability awareness could further prevent discrimination disputes reaching Acas, Hurry added.
She continued: “Employers can help prevent disputes by ensuring staff have disability awareness training and that managers have the knowledge they need to suggest workable reasonable adjustments.
“They should build inclusion into their business by implementing clear policies, starting disabled staff networks, appointing disability champions, and conducting regular audits to identify potential issues.”
