Disability discrimination in the workplace

About the study 

In recent years there has been an increase in the number of disability discrimination claims brought before Employment Tribunals. This study presents the findings from qualitative research exploring the characteristics and drivers of disability discrimination claims, to understand what might be driving this trend, and why some of these claims are not being settled through Acas conciliation. As part of its duty to try to bring about a settlement in employment disputes, Acas offers two stages of conciliation: early conciliation,  which takes place before the tribunal claim has started, and conciliation in any subsequent tribunal application, that is after the claim has been submitted but before the case has gone before the tribunal hearing. 

Findings

Attempts at internal resolution failed where there was a mismatch between the employer and claimant view of the issues, there were disputes about whether suitable reasonable adjustments had been made, and/or the employment relationship had broken down, and when the claimant lacked confidence in the matter being handled internally.

Overall, larger employers felt more confident handling claims, whilst smaller employers found it harder to stay on top of best practice. Claimants had less knowledge about what constituted disability discrimination and were less able to assess the strength of their claim. They would sometimes seek advice and support in these regards. 

Factors that lead to claims reaching an employment tribunal hearing, that are outside Acas’ control, included timing issues and personal/circumstantial factors. Factors that Acas may be able to influence include: 

•    parties’ knowledge and understanding of conciliation and tribunal processes; 
•    parties’ understanding of disability discrimination and expectations of the case outcome, and; 
•    the nature and consistency of conciliation.

Participants made suggestions for how Acas could improve conciliation: 

•    improved communication to support understanding of the conciliation offer; 
•    more regular and proactive contact during conciliation; and 
•    improvements in signposting information.

Better direction to written advisory content for employers, employees and claimants was as an area where Acas could add value. In particular, information about reasonable adjustments, best practice in managing disability and performance, and summaries of relevant case law. The fact that Acas already provides a wide range of written advice on many of these highlights the importance of when and how this advice is shared and the form this takes.

Methodology

The research consisted of 33 in-depth interviews: 21 with claimants and 12 with employers who had been party to a disability discrimination claim that was closed between July and December 2023. Participants were selected based on whether they had settled at tribunal conciliation (n=20) or gone to a full tribunal hearing (n=13). All the participants had progressed at least to the point of a tribunal claim being submitted; and they either did not take part in early conciliation, or else participated but reached an impasse at early conciliation.  No interviews were carried out with employers and claimants from the same case, and all participants had represented themselves in the claim they were party to.