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Employment Tribunals

What Will Happen in My Disability Discrimination Case? 3,481 Claims and Growing

7 min read·26 March 2026

This article applies to England, Wales and Scotland.

Important: This guide provides information about UK employment law. It is not legal advice. Every situation is different. If you are dealing with a workplace dispute, consider speaking to a solicitor for advice specific to your circumstances.

In brief: Disability discrimination complaints reached 3,481 in Q3 2025/26 (October to December 2025, provisional), up 99% year-on-year — nearly doubled in twelve months. Of disposed claims, 32% settled through ACAS conciliation, 1% succeeded at a full hearing, and 95% were resolved without a hearing. Of the cases that did reach a hearing, 20% succeeded. The average case takes 34 weeks to clear, and the open caseload stands at 10,746.

Last updated: March 2026


If you believe you have been treated unfairly at work because of a disability or long-term health condition, the number of people in a similar position has nearly doubled in the past year. Disability discrimination complaints grew 99% year-on-year, and the data from those cases gives a clearer picture of what to expect.

The figures in this article come from the Ministry of Justice's Employment Tribunal Statistics (Reform system data), covering Q2 2024/25 through Q3 2025/26.

How many people are in your position?

Disability discrimination is the second most common tribunal complaint after unfair dismissal, and the fastest-growing major claim type over the past year. In Q3 2025/26 (provisional), 3,481 disability discrimination complaints were filed.

Quarter Disability discrimination complaints Share of all claims
Q2 2024/25 (Jul–Sep 2024) 1,656 29%
Q3 2024/25 (Oct–Dec 2024) 1,750 27%
Q4 2024/25 (Jan–Mar 2025) 2,272 30%
Q1 2025/26 (Apr–Jun 2025) 2,707 30%
Q2 2025/26 (Jul–Sep 2025) 2,987 33%
Q3 2025/26 (Oct–Dec 2025, p) 3,481 33%

That is a 99% increase compared to Q3 2024/25. Growth has been sustained across every quarter with no sign of slowing.

Disability discrimination is defined under the Equality Act 2010. It covers direct discrimination, indirect discrimination, failure to make reasonable adjustments, discrimination arising from disability, and harassment related to disability. Many disability discrimination claims are filed alongside other complaints — commonly unfair dismissal and failure to make reasonable adjustments.

How will your case most likely end?

The tribunal disposed of 1,255 disability discrimination complaints in Q3 2025/26. Here is how they were resolved:

Outcome Percentage What it means
ACAS conciliated settlement 32% Settled through ACAS before hearing
Dismissed upon withdrawal 28% Treated as withdrawn
Withdrawn by claimant 29% Claimant withdrew the claim
Struck out 2% Tribunal removed the claim
Unsuccessful at hearing 4% Full hearing, employer won
Successful at hearing 1% Full hearing, claimant won
Dismissed at preliminary hearing 1% Dismissed at preliminary stage
Other 3% Various procedural outcomes

The correct hearing success rate is calculated as successful divided by (successful + unsuccessful): 1% ÷ (1% + 4%) = 20%. Around 95% of disability discrimination claims are resolved without a full contested hearing.

The 32% ACAS settlement rate is among the highest of any discrimination type. Employers are often motivated to resolve disability cases without a hearing to avoid the reputational and legal complexity of a contested discrimination claim.

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How long will it take?

Disability discrimination cases take longer than average:

Percentile Disability discrimination (Q3 2025/26) All claims
25th (fastest quarter) 17 weeks 16 weeks
Median (middle case) 32 weeks 28 weeks
75th (slower cases) 50 weeks 44 weeks
Mean (average) 34 weeks 31 weeks

The average disability discrimination case now takes 34 weeks, three weeks longer than the all-claims average. This is a significant deterioration: Q3 2024/25 mean was around 27 weeks and Q2 2025/26 was 31 weeks.

The longer timelines reflect the complexity of disability cases — medical evidence needs to be gathered, reasonable adjustments documented, and preliminary hearings often determine whether the claimant meets the legal definition of disability before the main claim proceeds.

The backlog: what is waiting ahead of you

The open caseload for disability discrimination stands at 10,746 complaints as of Q3 2025/26, up from 3,516 a year earlier — a 206% increase in twelve months. Disability discrimination now represents over a third of the total 30,784-case backlog.

What this means for you

Settlement is your most likely path to resolution. At 32%, disability discrimination has one of the highest ACAS settlement rates of any discrimination type. Going into ACAS early conciliation with a clear picture of what reasonable adjustments were or were not offered strengthens your position.

Medical evidence matters enormously. Many disability discrimination cases turn on whether the claimant meets the legal definition of disability and whether the employer knew of the condition. Getting GP records, specialist reports, and occupational health assessments in order early can significantly affect how your case progresses.

Read the hearing success rate correctly. 1% of all disposed disability claims succeed at a full hearing, but 20% of those that actually reached a hearing did so. The low headline figure reflects how rarely cases reach a hearing, not the strength of claims that get there. Strong cases tend to settle.

Expect a longer timeline than average. At 34 weeks mean clearance and a growing backlog of 10,746 open cases, build in realistic expectations from the start.

Time limits still apply. You need to start ACAS early conciliation within three months minus one day of the discriminatory act. The backlog does not extend your deadline.

For guidance on your specific situation, try our free assessment. Learn more about our claims packages, or create a free account to get started.

Frequently Asked Questions

How many disability discrimination claims are filed each quarter?

In Q3 2025/26, 3,481 disability discrimination complaints were filed, up 99% year-on-year. Disability discrimination accounts for roughly a third of all tribunal claims.

What percentage of disability discrimination claims succeed?

Around 1% succeed at a full tribunal hearing. Of the cases that actually reached a hearing in Q3 2025/26, 20% won. 32% settle through ACAS conciliation, and 95% are resolved without a hearing.

How long does a disability discrimination case take?

The mean is 34 weeks (Q3 2025/26, provisional), three weeks longer than the all-claims average. The fastest 25% clear within 17 weeks; 25% take 50 weeks or more.

Why is the hearing success rate so low for disability discrimination?

Disability cases are among the most complex to litigate, involving medical evidence and disputes over reasonable adjustments. Strong cases tend to settle before the hearing stage. Cases reaching a full hearing tend to be the most genuinely contested.

What counts as a disability under the Equality Act 2010?

A physical or mental impairment that has a substantial and long-term (12 months or more) adverse effect on your ability to carry out normal day-to-day activities. Conditions such as depression, anxiety, diabetes, and mobility impairments can all qualify depending on their impact.

Sources

  1. "Employment Tribunal Statistics, Tables ET_1_R, ET_2_R, ET_4_R, ET_3_R, T_3", Ministry of Justice / HM Courts & Tribunals Service, Q3 2025/26 — GOV.UK Tribunals Statistics
  2. Equality Act 2010 — Equality Act 2010
  3. "Disability discrimination", ACAS — ACAS: Disability Discrimination

Related Guides

disability discriminationemployment tribunaltribunal outcomesACAS settlementreasonable adjustmentsEquality Act 2010tribunal statisticsUK employment lawdisability rightsdiscrimination claims

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