Littler’s report shows that disability discrimination claims made up 15% of all tribunal cases in the year to 31 March 2026, with growing public understanding of neurodiverse conditions, and more people identifying or self‑diagnosing, adding complexity for employers.
The final quarter alone recorded 4,056 disability discrimination claims, up from 2,272 in the same period of 2024–25. The report notes that a significant portion of this rise stems from cases involving an individual’s neurodiversity, reflecting research indicating an upward trend in diagnoses.
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 stated: “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. 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.”
