According to data obtained by the Advisory, Conciliation and Arbitration Service (ACAS), it is reported that there has been a 30% increase, from 6,545 to 8,496, from 2022/23 to 2023/24, in employment claims for disability discrimination which have been initiated for conciliation.
The Equality Act 2010 defines disability as ‘a physical or mental impairment which has a substantial and long-term adverse effect on an individual’s ability to carry out normal day to day activities.’
Physical disabilities may be easier to identify in the workplace however, there is now an increasing awareness that not all disabilities are visible. Despite this, the rising number of claims in respect of disability discrimination appear to suggest that awareness is not at the level that it should be.
The question to determine the issue of disability for a tribunal is whether the condition has a ‘substantial and long-term adverse effect’ upon the day-to-day activities of an individual. This will be determined on a case-by-case basis.
In certain situations, this may mean that unsympathetic/unaware employers may subject employees with genuine mental health conditions to detriment within their employment. This, in turn, inevitably will lead to an increase in claims being brought under the Equality Act 2010, against employers.
In terms of recruitment, it is essential to review job descriptions to ensure that the competencies required are relevant to the role.
It is also essential that employers take a proactive role in considering accommodations that individuals may require, in light of their conditions.
It may be beneficial to keep communication clear and simple, to ensure that the same is accessible to individuals with neurodiversity.
To avoid difficulties in managing employees with disabilities, managers and HR professionals can invest in training on mental health and wellbeing at work to equip them with the skills needed to support and manage people with disabilities effectively. Implementing such can create a conducive environment for all employees leading to increased efficiency and motivation amongst employees.
At Stephensons we can assist you if you have received a complaint or claim of discrimination. Alternatively, we may also be able to assist you in ensuring that your policies and practices are accessible for disabled employees, to ensure that you, as an employer do not fall short of the law and your obligations, pursuant to the Equality Act 2010.
You can contact our team, for a no obligation discussion with our specialist discrimination team, on 0161 696 6170.
By Kruti Vyas, graduate paralegal
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