Workplace disability discrimination claims are sharply increasing, largely attributed to the current mental health crisis impacting employees.
- Data from Acas reveals a 30% rise in disability claims, contrasting with a 7% overall increase in employment tribunal claims.
- Mental health issues are increasingly recognised as disabilities, challenging outdated workplace policies and perspectives.
- The Equality Act 2010 defines disability broadly, yet many employers remain unprepared to handle non-visible conditions.
- Enhanced training for HR professionals and management is critical to address and support mental wellbeing at work.
An analysis of Acas data, the UK’s workplace conciliation service, indicates a significant increase in disability discrimination claims. While overall employment tribunal claims have only risen by 7% over the past two years, claims related specifically to disability discrimination have surged by 30%, increasing from 6,545 to 8,496. These claims now constitute a quarter of all referrals made for conciliation by Acas.
This trend highlights the growing acceptance of mental health issues as legitimate disabilities within the workplace. Although awareness has improved, many employers have yet to update their policies accordingly. Employers are often found to be increasing pressure on employees to resume working from office settings and enhance productivity, contributing to rising workplace disputes.
Joanna Sutton of Nockolds law firm clarifies, ‘The Disability Discrimination Act from 1995 already recognised both physical and mental impairments as disabilities, though misconceptions persist about the scope of protection only covering physical disabilities.’ The act’s amendment in 2005 emphasised physical accommodations, like wheelchair access, but the phrase ‘not all disabilities are visible’ only gained widespread recognition much later. The Equality Act 2010 further broadened the definition, yet some employers struggle to deal with mental impairments adequately.
Sutton notes that conditions like schizophrenia or dementia are widely acknowledged as serious mental disorders. However, conditions such as depression or menopause, which may not have been traditionally seen as disabilities, are increasingly being recognised for legal protection in employment. A key challenge remains that the impact of these conditions is subjective and varies individually, complicating consistent application of the law.
The surge in claims underscores the necessity for organisations to prioritise mental health awareness. Poor understanding of legal obligations among HR professionals and managers can lead to inadequate support systems. Sutton suggests that maintaining up-to-date protocols and consistent mental health policy reviews could mitigate potential legal infractions and foster a supportive environment.
Greater emphasis on mental health awareness and education within workplaces is essential to align with evolving legal and employee wellbeing standards.
