What Will Happen in My Disability Discrimination Case? 2,987 Claims and Growing
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 is the fastest-growing discrimination claim at employment tribunals, with 2,987 complaints filed in Q2 2025/26, up 80% year-on-year. Of disposed claims, 35% settled through ACAS conciliation (the highest settlement rate of any discrimination type), only 1% succeeded at a full hearing, and 90% were resolved without ever reaching a hearing. The average case takes 31 weeks to clear, and the backlog stands at 8,549 open cases.
Last updated: February 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 grown sharply. Disability discrimination complaints have nearly doubled in the past year, and the data from those cases can give you a clearer picture of what to expect from the process.
The figures in this article come from the Ministry of Justice's Employment Tribunal Statistics (Reform system data), covering Q2 2024/25 through Q2 2025/26.
How many people are in your position?
Disability discrimination is the second most common tribunal complaint after unfair dismissal, and the single fastest-growing discrimination type. In Q2 2025/26 (July to September 2025), 2,987 disability discrimination complaints were filed, representing 33% of all single claims.
| 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% |
That is an 80% increase compared to Q2 2024/25, when 1,656 complaints were filed. Growth accelerated noticeably from Q4 2024/25 onwards, with the share of total claims rising from 27% to 33%.
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. A disability is a physical or mental impairment that has a substantial and long-term adverse effect on your ability to carry out normal day-to-day activities.
Many disability discrimination claims are filed alongside other complaints. Common pairings include unfair dismissal (where someone was dismissed in a way connected to their disability), failure to make reasonable adjustments, and harassment.
How will your case most likely end?
The tribunal disposed of 1,116 disability discrimination complaints in Q2 2025/26. Here is how they were resolved:
| Outcome | Percentage | What it means |
|---|---|---|
| ACAS conciliated settlement | 35% | Settled through ACAS before hearing |
| Withdrawn or dismissed | 55% | Claim withdrawn by claimant or dismissed by tribunal |
| Struck out | 2% | Tribunal removed the claim (procedural failure) |
| Unsuccessful at hearing | 3% | Went to full hearing, employer won |
| Successful at hearing | 1% | Went to full hearing, claimant won |
| Default judgment | 1% | Employer failed to respond, claimant won by default |
| Other | 3% | Includes various procedural outcomes |
The key figures: if you imagine 100 disability discrimination claims filed today, around 35 would settle through ACAS, 1 would win at a full hearing, and 90 would never reach a hearing at all. Only around 4 in every 100 claims reach a contested hearing.
The 35% ACAS settlement rate is the highest of any discrimination claim type. For comparison, race discrimination settles at 31%, sex discrimination at 32%, and the overall average across all claim types is 30%.
The 1% hearing success rate looks very low, but context matters. Disability discrimination cases are among the most complex to litigate. They often involve medical evidence, questions about whether reasonable adjustments were offered, and disputes over whether a condition meets the legal definition of disability. The complexity means strong cases tend to settle, while cases that reach a full hearing are often the most contested.
How long will it take?
Disability discrimination cases take longer than average to resolve:
| Percentile | Disability discrimination | All claims |
|---|---|---|
| 25th (fastest quarter) | 16 weeks | 14 weeks |
| Median (middle case) | 29 weeks | 25 weeks |
| 75th (slower cases) | 44 weeks | 40 weeks |
| Mean (average) | 31 weeks | 28 weeks |
The average disability discrimination case takes 31 weeks, roughly three weeks longer than the all-claims average of 28 weeks. The median case takes 29 weeks, and one in four cases takes 44 weeks or more.
The longer timelines reflect the complexity of disability cases. Medical evidence needs to be gathered, reasonable adjustments need to be documented, and there are often preliminary hearings to determine whether the claimant meets the legal definition of disability before the substantive claim can be heard.
For a full comparison of timelines across all claim types, see our waiting times analysis.
The backlog: what is waiting ahead of you
The open caseload for disability discrimination stands at 8,549 complaints as of Q2 2025/26, up from 2,359 a year earlier. That is a 262% increase in twelve months.
| Period | Open disability cases | Total open caseload | Share of backlog |
|---|---|---|---|
| Q2 2024/25 | 2,359 | 7,571 | 31% |
| Q2 2025/26 | 8,549 | 25,267 | 34% |
Disability discrimination now accounts for over a third of the total tribunal backlog, up from 31% a year ago. The backlog is growing faster than the overall average because these cases take longer to resolve and involve more procedural steps.
What this means for you
The data highlights several practical points if you are considering or already pursuing a disability discrimination claim.
Settlement is your most likely path to resolution. At 35%, disability discrimination has the highest ACAS settlement rate of any discrimination type. Employers are often motivated to settle these claims to avoid the reputational risk and legal complexity of a full hearing. Going into ACAS early conciliation with a clear understanding of what reasonable adjustments were or were not offered, and what losses you have suffered, can strengthen your negotiating 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 or ought to have known about the condition. Getting your medical evidence in order early, including GP records, specialist reports, and any occupational health assessments, can make a significant difference to how your case progresses.
The low hearing success rate reflects case complexity, not case weakness. Only 1% of disability discrimination claims succeed at a full hearing, but 90% are resolved before that point. Strong cases settle. The cases that reach a hearing tend to involve genuinely disputed facts about whether discrimination occurred. This does not mean your case lacks merit; it means the system resolves most viable claims before the hearing stage.
Expect a longer timeline than average. At 31 weeks mean clearance and a growing backlog, disability discrimination cases take time. Building in realistic expectations about the timeline from the start can help you plan accordingly. The 25% of cases cleared within 16 weeks tend to be those that settle early through ACAS.
Time limits still apply. You need to start ACAS early conciliation within three months minus one day of the discriminatory act (or the last in a series of connected acts). The backlog does not extend your filing deadline. Once the Employment Rights Act 2025 changes take effect (expected October 2026), this may extend to six months.
For disability discrimination claims, which often involve complex legal and medical questions, you may want to speak with a solicitor who specialises in employment law.
For guidance on your specific situation, including eligibility and next steps, 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 year?
In Q2 2025/26, 2,987 disability discrimination complaints were filed in a single quarter, up 80% on the same quarter the previous year. Disability discrimination accounts for roughly a third of all tribunal claims and is the fastest-growing discrimination type.
What percentage of disability discrimination claims succeed?
Around 1% succeed at a full tribunal hearing, but 35% settle through ACAS conciliation, the highest settlement rate of any discrimination type. In total, 90% of disability discrimination claims are resolved without ever reaching a hearing.
How long does a disability discrimination case take?
The average is 31 weeks from filing to resolution, roughly three weeks longer than the all-claims average. The fastest 25% of cases clear within 16 weeks, while 25% take 44 weeks or more. The additional time reflects the need for medical evidence and preliminary hearings.
Why is the hearing success rate so low for disability discrimination?
Disability cases are among the most complex to litigate, involving medical evidence, reasonable adjustments assessments, and disputes over whether a condition meets the legal definition. Strong cases tend to settle before hearing. Cases that reach a full hearing are typically the most contested, which reduces the overall success rate.
What counts as a disability under the Equality Act 2010?
A disability is 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, epilepsy, and mobility impairments can all qualify, depending on their impact.
Sources
- "Employment Tribunal Statistics, Tables ET_1_R, ET_2_R, ET_4_R, T_3", Ministry of Justice / HM Courts & Tribunals Service, 2025 — https://www.gov.uk/government/collections/tribunals-statistics
- "Tribunal Statistics Quarterly: January to March 2025", Ministry of Justice, 2025 — https://www.gov.uk/government/statistics/tribunals-statistics-quarterly-january-to-march-2025/tribunal-statistics-quarterly-january-to-march-2025
- Equality Act 2010 — https://www.legislation.gov.uk/ukpga/2010/15/contents
- "Disability discrimination", ACAS — https://www.acas.org.uk/disability-discrimination