A report by Littler found that disability discrimination claims accounted for 15% of all employment tribunal claims in the last year (to 31 March 2026), and the increase in neurodiversity awareness and self-diagnosis is creating challenges for employers.
The last quarter saw 4,056 disability discrimination claims, compared to 2,272 cases in the fourth quarter of 2024-25. The report suggests that the rise partly reflects an increasing number of disability discrimination cases centred on an individual’s neurodiversity, as several studies have pointed towards an increasing number of diagnoses for neurodiverse conditions.
Lisa Coleman, senior associate at Littler, said: “Greater awareness of neurodiversity is a positive development, but it is undoubtedly creating new challenges for employers. Additionally, these conditions affect people differently, so there is no one-size-fits-all answer to how employers need to respond. As a result of all of this, we are seeing a significant rise in tribunal cases where ADHD or Autism are referenced in disability discrimination complaints, showing that employers are still grappling with the right thing to say or do for their neurodiverse employees.”
Littler said: “Employers should ensure managers receive appropriate training on disability discrimination and reasonable adjustments, particularly as awareness of neurodiversity continues to increase, but not to forget to similarly support employees with mental health conditions such as depression and anxiety, which continue to feature regularly in disability discrimination claims.
“Early conversations, clear documentation and, where appropriate, occupational health advice can all help reduce the risk of disputes escalating into employment tribunal claims.”
Coleman added: “Aside from trying to take the right approach to support people and enhance employee relations, tribunal claims are expensive and time consuming for employers to have to deal with so reducing the number of unnecessary claims should be a priority for employers.”
“It is also common for employees with ADHD or autism to also experience anxiety or depression, which is another area in respect of which we continue to see large numbers of disability discrimination claims, and so employers are often facing claims about multiple conditions.”
“There is rarely a one-size-fits-all answer. Two employees with the same condition may need completely different support, while an adjustment that is reasonable in one workplace or department may not be reasonable in another.”
