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Rise in Disability Discrimination

Latest Acas Employment Tribunal Data Reveals Rise in Disability Discrimination Cases | Consensus HR in Herts & Beds

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Latest Acas Employment Tribunal Data Reveals Rise in Disability Discrimination Cases

Date: 11 August 2025

Recent data from Acas indicates a notable surge in workplace disputes involving disability discrimination. Between 2023–24 and 2024–25, the number of disability-related early conciliation cases rose by over 40 percent, leaping from 8,496 to 11,958 — a 41 percent increase year-on-year (VinciWorks, The Times).

Disability discrimination now accounts for approximately 16 percent of all workplace disputes, up from 9 percent just two years ago (The Times). Notably, disability issues feature in 28 percent of tribunal referrals to Acas, compared to 23 percent in 2022–23 (VinciWorks).

What’s Driving the Trend?

  • Broader Recognition of Disability
    Conditions once seen as private — such as mental health issues, long COVID, menopause symptoms, or neurodiverse traits — are increasingly recognised as disabilities under the Equality Act 2010.

  • Employer Unpreparedness
    Many organisations are struggling to translate awareness into practical workplace policies. Employers often remain ill-equipped to support “non-visible” disabilities, and some are even scaling back flexible working arrangements due to economic pressures.

  • High Economic and Human Costs
    The average disability discrimination tribunal award is estimated at £45,435, compared to lower averages in other discrimination categories — highlighting significant financial and reputational risk for businesses.

Comment from Matthew Chilcott, Owner of Consensus HR

“This data is a critical wake-up call. The legal definition of disability has rightly broadened — but many businesses haven’t caught up. Now is the time to embed inclusive, responsive practices across every level of your organisation. Proactive training, clear policies, and agile support mechanisms aren’t just good HR — they’re essential for legal resilience and humane workplaces.  Everyone must remember that nobody asks f0r a disability and the correct measures MUST be taken by the whole team.”

About Consensus HR

At Consensus HR, we partner with organisations to build inclusive work environments grounded in legal compliance and human-centred culture.

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What Businesses Can Do

Action Why It Matters
Update Policies & Training Ensure managers and HR staff understand emerging definitions of disability and legal obligations.
Implement Reasonable Adjustments Early identification and accommodation can prevent disputes from escalating to tribunals.
Embed Flexible Work Practices Sustain productivity while supporting employee wellbeing and recognising diverse needs.
Use Early Conciliation Effectively Acas resolves many disputes before they reach tribunal — greater internal awareness and preparation is key.

With disability-related claims now making up a larger share of formal disputes, forward-thinking employers must act now: adapt, educate, and lead with empathy and inclusivity.

If you need expert advice on updating your workplace policies or training, contact Consensus HR today.

 

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Philip v Working Partners Limited & Harpercollins Publishers LLC – Status

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Latest blog: Case Law.

Summary:

The presence of some degree of control and the requirement for personal service does not automatically mean the relationship is an employment one, nor is it always indicative of worker or employee status.

Note for employers:

This case helps to add clarity to the legal position of non-traditional employment relationships that have become increasingly common. Due to the nature of the work to be undertaken, in creative industries such as publishing there will be some more unorthodox arrangements that do not fit the usual mould of a non-employment relationship. In such cases it is especially important to appreciate that each case is unique on its own facts. Tools such as control are just that; tools to help the ET to determine the overall nature of the relationship, and the presence or absence of this alone is not conclusive either way.

 

 

 

 

Philip v Working Partners Limited & Harpercollins Publishers LLC - Status

LAW:

The law on unfair dismissal is found in section 98 Employment Rights Act 1996. Under this section, the dismissal must be for a fair reason (which includes conduct). The dismissal must also be conducted in a reasonable manner, dependent on the size and resources of the organisation. Failure on either of those points could render the dismissal unfair.

British Home Stores Limited v Burchell [1978] set out a now well-known test to be applied when determining if the dismissal was conducted in a reasonable way. The test:

  • Did the respondent have a genuine belief in the misconduct of the claimant at the time of the dismissal?
  • Was that belief based upon reasonable grounds?
  • Did the dismissal follow a reasonable investigation and a reasonable procedure?

The “Burchell test” is used by ETs to come to a decision on what a hypothetical reasonable employer would conclude in the same circumstances, and therefore if the decision to dismiss was fair and reasonable under section 98 of the above act.

Facts:

The claimant had worked for the respondent for around 20 years. After working a night shift, the claimant did some personal shopping which included buying food, pillows, and bedding. The claimant used the self-checkout which presented them with a screen asking how many reusable ‘bags for life’ they were using for their shopping. They selected ‘0’ when prompted, even though they are a chargeable item. The claimant then proceeded to take make more than one trip away from the checkout to fetch these bags, without updating the checkout.  

An investigation meeting took place at which the claimant was shown the CCTV footage. The claimant was then invited to a disciplinary hearing and pre-warned that the outcome could be dismissal. The CCTV footage was reviewed again with the claimant in this hearing. The claimant denied that they took the bags without paying on purpose. In mitigation they said that stress, tiredness, and a language barrier had contributed to the error.

The respondent, however, concluded that the claimant had not acted in error but instead they had been dishonest and deliberately not paid for the bags. The claimant could be seen on the CCTV going backwards and forwards to collect the bags because they needed something to put the bulky items in. They could also be seen selecting the ‘no bag’ option at the self-checkout, even though it was apparent from the CCTV that they had purchased a number of bulky items that they would not be able to carry from the shop without bags. They were also seen carefully reviewing the receipt as they were walking out.

The respondent concluded that they could no longer trust the claimant, even though the bags did not cost as must as the shopping, so dismissed them for gross misconduct. The claimant appealed but the original outcome was upheld because the appeal officer agreed that the failure to pay for the bags was not a mistake. 

The claimant brought a claim for unfair dismissal arguing that the decision fell outside the range of reasonable responses, that not enough weight was given to the mitigation, and that the investigation and appeal were procedurally unfair.

EMPLOYMENT TRIBUNAL (ET):

Note that as an employment tribunal case, this is not binding authority. ET cases may be persuasive on other tribunal decisions, but unlike those courts higher in the system (EAT, CoA, Supreme Court), they do not have to be followed by other courts and therefore the outcome is only indicative of how a similar case might be treated.

Before the ET, the claimant accepted that the respondent had a zero tolerance approach to theft from the workplace. However, they maintained that it was not their intention to steal the bags, but they made an error due to tiredness and they were not aware of what they were doing.

The ET found that the respondent genuinely believed that the claimant was guilty of the misconduct of which they were accused, and that that act constituted theft. It held that a reasonable and proportionate investigation had been carried out and the claimant was given every opportunity to respond to the allegations. The respondent was entitled, the ET held, to find that the claimant had committed an act of misconduct, even though the ‘bags for life’ had a low monetary value.

On the basis that a fair procedure was carried out by the respondent as well as an adequate investigation, disciplinary hearing and appeal, the ET dismissed the claim and found for the respondent. Central to this finding was that the respondent sought to understand why the claimant acted as they did, by providing the claimant with every opportunity to explain. The dismissal, the ET concluded, was therefore within the band of reasonable responses and fair. 

Accordingly, the ET held that the dismissal was procedurally and substantively fair, so the claimant lost their claim.

To view more about our range of HR & Employment Law Services

At Consensus HR, we are proud to offer a wide range of HR & Employment Law services to help our clients with all areas of best practice and Employment Law which can be found by clicking on the button:
Click Here

Are you concerned about keeping your business up to date with Employment Law changes?

At Consensus HR, we ensure that our clients do not make assumptions when it comes to the performance / abilities of team members and that if identified, we seek the member of teams consent to write to a relevant medical professional to obtain support and advice and any reasonable adjustments needed to ensure what is possible is provided. If you manage a team / business and find it hard to keep on top of changing Employment Law and best practice and wish you could outsource it to a HR Charity for a small monthly investment, give us a call now for a non-obligatory conversation. Consensus HR | Your Outsourced Human Resources and Employment Law Department. | “Helping companies take the pain out of managing people whilst Preventing People Problems – 01438 576750.
Contact Us

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Philip v Working Partners Limited & Harpercollins Publishers LLC - Status

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Sexual Harassment

Teen wins victimisation case after sexual harassment | Consensus HR | Herts, Beds

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Teen wins victimisation case after sexual harassment | Consensus HR | Herts, Beds

Aliyah Tariq, a 16-year-old schoolgirl who represented herself at an employment tribunal, has become one of the youngest people to win a victimisation case in Britain. She was sacked by New York Diner in Manchester after complaining about sexual harassment. Tariq claimed that a chef repeatedly suggested that she perform a sex act on him. The restaurant presented a fabricated document to the tribunal, that Tariq appeared to have signed, stating that “no sexual harassment took place at New York Diner,” but the judge agreed with Tariq’s claim. She was awarded over £18,000. Tariq confided in a former employee about the sexual harassment incidents. The tribunal ruled that Tariq was victimised by the restaurant’s director and manager, who sacked her when it became clear she wouldn’t let them forget about the harassment. 

 

The Times

Our HR comment: – Teen wins victimisation case after sexual harassment | Consensus HR | Herts, Beds

Matthew P Chilcott, FCIPD, ACEL, Owner of Consensus HR comments: “This is another interesting case about sexual harassment in the workplace and again demonstrates that business owners / managers need to fully investigate any such claims with the individual concerned and take the appropriate action following the ACAS Code of Practice so as to be able to demonstrate that they have acted as a reasonable employer or they will face the penalties and awards as in this case £18,000.  At Consensus HR we support and advise all our clients on best practice and the law in all scenarios so that incidences such as these should they happen are dealt with correctly, to the law, best practice and for the benefit of the team, business, and business reputation.”

Sexual Harassment

Contact us now

If you would like to have a non-obligatory conversation with us about how we can help you and your business in the world of HR and Management and prevent such incidences from happening, give us a call now – 01438 576750. Consensus HR | Helping companies take the pain out of managing people, whilst preventing people problems.
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Early years specialist awarded £800k pay-out following unfair treatment | Consensus HR | Herts, Beds

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Female surgeons sexually assaulted while operating | Consensus HR – Herts, Beds

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Female surgeons sexually assaulted while operating | Consensus HR – Herts, Beds

Female surgeons say they are being sexually harassed, assaulted and in some cases raped by colleagues, according to a major analysis of NHS staff by the University of Exeter, the University of Surrey and the Working Party on Sexual Misconduct in Surgery that has been shared exclusively with BBC News, which has spoken to women who were sexually assaulted in the operating theatre while surgery took place. The study’s authors say there is a pattern of female trainees being abused by senior male surgeons, and this is happening now, in NHS hospitals. The Royal College of Surgeons said the findings were “truly shocking.” Nearly two-thirds of women surgeons that responded to the researchers said they had been the target of sexual harassment and a third had been sexually assaulted by colleagues in the past five years. Women say they fear reporting incidents will damage their careers and they lack confidence the NHS will take action. Surgical training relies on learning from senior colleagues in the operating theatre and women have told BBC News it is risky to speak out about those who have power and influence over their future careers. The report, which is being published in theBritish Journal of Surgery, is the first attempt to get a sense of the scale of the problem.

 

BBC News

Our HR comment: Female surgeons sexually assaulted while operating | Consensus HR – Herts, Beds.

Matthew P Chilcott – FCIPD, ACEL, Owner comments: “What is going on?  This news on the BBC today is extremely worrying to say the least and how can anybody be expected to go to work and be treated this way?  This should definitely be investigated by the relevant line manager and the appropriate action taken which if proved could be instant dismissal.”

Female surgeons sexually assaulted while operating | Consensus HR – Herts, Beds

Contact us now

If you wish to discuss any work conduct issues and how to deal with them to best practice and law, give us a call now.
Contact Us

YOUR OUTSOURCED HUMAN RESOURCES DEPARTMENT.

For further information on any of the HR subjects we provide, please click the heading below:

Female surgeons sexually assaulted while operating | Consensus HR – Herts, Beds

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