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Disability discrimination claims surge by 79% amid neurodiversity challenges

Employment Tribunal disability discrimination claims increased by 79% in the last year, with a significant rise in cases referencing neurodiversity. Businesses are grappling with complex employment laws and supporting neurodiverse staff.

  • Disability discrimination claims at Employment Tribunals rose by 79% from Q4 2024/25 to Q4 2025/26.
  • The increase includes a significant number of cases related to neurodiversity, such as ADHD and autism.
  • Employers can face multiple, expensive claims as neurodiverse employees may also experience anxiety or depression.

Disability discrimination claims received by Employment Tribunals have sharply increased by 79%, rising from 2,272 in the fourth quarter of 2024/25 to 4,056 in the fourth quarter of 2025/26. This surge, according to data from law firm Littler, partly reflects a growing number of cases centred on individuals' neurodiversity.

Lisa Coleman, a senior associate at Littler, noted a significant rise in tribunal cases referencing ADHD or autism in disability discrimination complaints. This indicates that employers are still struggling to determine appropriate support for their neurodiverse employees.

Clare Brennan, a partner at Hunters Law, highlighted that while employers cannot claim ignorance about disabilities, the hidden nature of neurodiversity can make legal warning signs difficult to identify. Businesses are challenged to provide support within complex employment laws, with no universal solution for adjustments.

Robert Turner, a senior associate at Lawrence Stephens, advises businesses to be flexible with adjustments and maintain open dialogue, as employees may not fully understand their own support needs.

Why this matters: The rise in tribunal claims highlights the increasing legal and practical challenges for businesses in supporting neurodiverse employees and navigating complex discrimination laws.

What this means for you: If you are an employer, you may face increased legal scrutiny regarding support for neurodiverse staff and potential discrimination claims. If you are an employee, awareness of neurodiversity and legal protections is growing.

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