The latest Tribunal Statistics for Q3 2025/26 paint a concerning picture for UK employers. The Employment Tribunal (ET) figures reveal tha single claim receipts have skyrocketed by 54% compared to the same quarter last year, while disposals have plummeted by 34%.

The caseload of open single claims is 58,000 – its highest level since records began, surpassing even the pandemic peak of Q3 2020/21. With receipts consistently outstripping disposals, the backlog is now a strategic risk.

Between October and December 2025, ETs received 13,000 single claims but disposed of just 5,700. This widening gap means claimants face unprecedented delays. While that might sound like a reprieve for employers, the reality is prolonged uncertainty, escalating legal costs, and the fading of witness memories.

Multiple claims – often linked to large employers – also surged, with 9,500 claims received within 590 lead cases. The total open claims (single and multiple) now stand at a staggering 523,000.

Claims are at their highest since 2012/13. Crucially, the 54% rise in receipts contrasts sharply with a 34% drop in disposals – suggesting systemic delays, not just a surge in grievances.

With tribunals gridlocked, early conciliation through ACAS is more valuable than ever. Organisations should document everything meticulously. When cases finally reach hearing, evidence quality will make or break outcomes. Consider proactive settlements for meritorious claims – the cost of delay now outweighs swift resolution.

The message is clear: waiting for a tribunal hearing is no longer a viable defence strategy. Proactive, fair, and fast internal resolution is the only sustainable path forward.

A Watford Employment Tribunal has awarded A £66,295.11 in compensation after finding that M Limited automatically unfairly dismissed him for making a protected disclosure.

The judgment concluded that the energy services provider subjected the claimant to both detriment and dismissal because he raised health and safety concerns.

E raised protected disclosure concerns about his manager over a three-month period, explaining that his lack of engineering training “posed a risk to individuals and the public”.

The tribunal found that M Limited failed to support E when client Cadent requested his removal from the CMO contract. Critically, the respondent did not use the claimant’s letter to challenge Cadent over the reasons for removal. When Cadent failed to provide any justification, managers reportedly acknowledged it would be “difficult to defend if they do not have reasons” – yet proceeded with dismissal regardless.

Employment Judge Cowen described the respondent’s argument that “the client was the controller of who was employed” as erroneous, demonstrating “a lack of professionalism by both management and HR advisers.”

The tribunal awarded E £25,000 for injury to feelings, placing the claim within the middle Vento band. Factors considered included the claimant’s humiliation, damaged reputation within the utilities sector, social withdrawal, irritability, and a diagnosis of anxiety and depression directly linked to his removal from the contract. While the claimant declined medication, the tribunal accepted he continues managing anxiety through meditation and mindfulness.

The UK government has officially launched new measures requiring large employers to address gender pay disparities and improve support for staff experiencing the menopause. The initiative, spearheaded by Women and Equalities Minister Bridget Phillipson, will see companies with 250 or more employees publish detailed action plans starting on a voluntary basis from April 2026, becoming mandatory by spring 2027.

The new requirements, part of the broader Employment Rights Act 2025, are designed to push businesses beyond mere data publication toward concrete, measurable strategies.

Since 2017, large employers have been legally required to publish their gender pay gap data annually. However, the government argues that transparency alone has not been enough to close the gap, which currently stands at an average of 12.8%. Under the new framework, businesses will be required to outline evidence-based steps they are taking to improve gender equality. Recommended actions include increasing transparency around promotion and pay, setting targets to improve gender representation in senior roles, and using “inclusive” language in job adverts to attract a more diverse pool of applicants.

For the first time, the government is also mandating that large employers set out how they support workers going through the menopause. This aspect of the policy addresses a long-standing gap in workplace support, with symptoms such as “brain fog,” anxiety, and physical discomfort often leading to women leaving the workforce prematurely.

Government guidance suggests that action plans could include training managers to support employees effectively, offering tailored occupational health advice, conducting workplace risk assessments, and making reasonable adjustments such as flexible working hours, temperature control, and relaxed uniform requirements.

While there is no standalone “menopause law,” the new requirements sit alongside existing protections under the Equality Act 2010, where severe symptoms may already qualify as a disability, requiring employers to make reasonable adjustments.

The government has opted for a phased introduction to give businesses time to adapt. Following the voluntary period starting in April 2026, the plans will become compulsory in 2027, subject to secondary legislation. This timeline is intended to allow employers to integrate action planning into their broader equality, diversity, and inclusion frameworks.

The UK government has officially launched new measures requiring large employers to address gender pay disparities and improve support for staff experiencing the menopause. The initiative, spearheaded by Women and Equalities Minister Bridget Phillipson, will see companies with 250 or more employees publish detailed action plans starting on a voluntary basis from April 2026, becoming mandatory by spring 2027.

The new requirements, part of the broader Employment Rights Act 2025, are designed to push businesses beyond mere data publication toward concrete, measurable strategies.

Since 2017, large employers have been legally required to publish their gender pay gap data annually. However, the government argues that transparency alone has not been enough to close the gap, which currently stands at an average of 12.8%. Under the new framework, businesses will be required to outline evidence-based steps they are taking to improve gender equality. Recommended actions include increasing transparency around promotion and pay, setting targets to improve gender representation in senior roles, and using “inclusive” language in job adverts to attract a more diverse pool of applicants.

For the first time, the government is also mandating that large employers set out how they support workers going through the menopause. This aspect of the policy addresses a long-standing gap in workplace support, with symptoms such as “brain fog,” anxiety, and physical discomfort often leading to women leaving the workforce prematurely.

Government guidance suggests that action plans could include training managers to support employees effectively, offering tailored occupational health advice, conducting workplace risk assessments, and making reasonable adjustments such as flexible working hours, temperature control, and relaxed uniform requirements.

While there is no standalone “menopause law,” the new requirements sit alongside existing protections under the Equality Act 2010, where severe symptoms may already qualify as a disability, requiring employers to make reasonable adjustments.

The government has opted for a phased introduction to give businesses time to adapt. Following the voluntary period starting in April 2026, the plans will become compulsory in 2027, subject to secondary legislation. This timeline is intended to allow employers to integrate action planning into their broader equality, diversity, and inclusion frameworks.

Over a third of workers in Great Britain now work remotely or in hybrid arrangements, but not all employers realise health and safety responsibilities apply equally at home as in the workplace.

The Health and Safety Executive (HSE), Britain’s national workplace regulator, is reminding employers of the need to assess the risks for all home workers.

Home and hybrid working is now found across almost every sector and business size. Latest figures from the Office for National Statistics show that in January 2026, 38 percent of workers in Great Britain were working remotely or in some kind of hybrid arrangement (25% hybrid and 13% working fully remotely).

HSE is advising employers to pay particular attention to three essential areas: stress and mental health, the safe use of display screen equipment (DSE), and the working environment – including accidents, emergencies, and lone working. This is a legal duty, not optional guidance.

Barbara Hockey, from HSE Engagement and Policy Division, said: “Working from home can deliver benefits to both employers and employees but with more than three in ten workers now working remotely or in a hybrid arrangement, it’s important that employers understand their responsibilities.

“The good news for bosses is you don’t need to physically visit someone’s home to fulfil your duties, most of the time, the risks are low and the steps to manage them are straightforward, and HSE provides free guidance to support you.

“Practically, this means managers keeping in regular contact with their teams, talking openly about workloads and training needs, and making sure people aren’t under pressure to work outside their normal working hours.

“It also means having simple conversations about the physical environment by asking staff to visually check that their equipment is safe and not damaged, keeping work areas clear of trailing wires or obstructions, and making sure everyone knows what to do in an emergency.

Significant changes to UK trade union law have officially come into force as of 18 February 2026, marking the first major implementation of the Employment Rights Act 2025. The reforms, which repeal the majority of the Trade Union Act 2016, make it substantially easier for unions to organise and mandate industrial action.

The changes reset the balance of industrial relations by simplifying the legal hurdles unions must clear. The notice period for industrial action has been shortened from 14 to just 10 days, and once a ballot passes, the mandate for action now lasts for 12 months—double the previous six-month period.

In a move described as removing “red tape,” the government has simplified ballot notices and voting papers. Unions are no longer required to provide detailed breakdowns of employees in specific categories or complex descriptions of the dispute on voting papers. Instead, members will simply be asked whether they support strike action or action short of a strike.

Crucially, the 40% support threshold for industrial action in important public services has been abolished. For the first time, workers taking part in official strike action also receive enhanced job security; they are now protected from automatic unfair dismissal regardless of how long the action lasts, removing the previous 12-week limit.

Furthermore, the requirement to appoint a picket supervisor has been scrapped, and restrictions on “check-off” arrangements for public sector union subscriptions have been lifted.

For businesses, the new landscape presents immediate operational challenges. With less time between notification and action, and mandates lasting twice as long, employers face a heightened risk of prolonged disruption. Legal experts warn that the scope for challenging the technical validity of ballots has been significantly narrowed, meaning employers must shift focus from litigation to robust engagement strategies.

Workers, on the other hand, gain strengthened rights to organise without fear of dismissal. The new rules also provide a pathway for newly eligible employees to give notice for “Day 1” rights to paternity and parental leave.

These February measures are just the first wave. Later this year, the government will introduce electronic balloting and new duties for employers to inform workers of their right to join a union, continuing the biggest overhaul of employment law in a generation

Significant changes to UK trade union law have officially come into force, a component of the Employment Rights Act 2025. The reforms, which repeal the majority of the Trade Union Act 2016, make it substantially easier for unions to organise and mandate industrial action. The changes reset the balance of industrial relations by simplifying the legal hurdles unions must clear. The notice period for industrial action has been shortened from 14 to just ten days and once a ballot passes, the mandate for action now lasts for 12 months, double the previous six-month period. In a move described as removing “red tape”, Government has simplified ballot notices and voting papers. Unions are no longer required to provide detailed breakdowns of employees in specific categories or complex descriptions of the dispute on voting papers. Instead, members will simply be asked whether they support strike action or action short of a strike. Crucially, the 40 percent support threshold for industrial action in important public services has been abolished. For the first time, workers taking part in official strike action also receive enhanced job security – now protected from automatic unfair dismissal regardless of how long the action lasts – removing the previous 12-week limit. Furthermore, the requirement to appoint a picket supervisor has been scrapped and restrictions on “check-off” arrangements for public sector union subscriptions have been lifted. For businesses, the new landscape presents immediate operational challenges. With less time between notification and action and mandates lasting twice as long, employers face a heightened risk of prolonged disruption. The scope for challenging the technical validity of ballots has been significantly narrowed, meaning employers must shift focus from litigation to robust engagement strategies.

From 6 April 2026, employers become subject to a statutory duty to maintain comprehensive holiday pay records for six years. The change, introduced under the Employment Rights Act 2025, coincides with the launch of the Fair Work Agency (FWA)—a powerful new enforcement body consolidating labour market regulation under one roof.

Under new Regulation 16B of the Working Time Regulations 1998, employers must keep records “adequate to show” compliance with statutory annual leave obligations. This includes documenting leave taken, holiday pay calculations, payment dates, and all variable pay components affecting entitlement—including overtime, commission, and bonuses.

The six-year retention period applies to all records created from 6 April 2026 onward. Crucially, failure to maintain adequate records constitutes a criminal offence, carrying unlimited fines in magistrates’ or crown court.

The FWA represents a fundamental shift from reactive to proactive enforcement. Armed with powers to inspect premises without warning, seize documents, and raise tribunal claims on workers’ behalf, the agency can investigate compliance without any worker complaint.

Where underpayments are identified, the FWA may issue penalty notices of 200% of amounts owed—reduced to 100% for prompt payment.

The new regime demands integrated HR and payroll systems capable of producing a defensible audit trail. Fragmented records across departments will prove inadequate under FWA scrutiny.

For irregular hours and part-year workers, accurate classification is critical. The 12.07% accrual method and rolled-up holiday pay remain lawful only for those meeting statutory definitions—misapplication carries significant risk.

With implementation days away, HR professionals should:

• Audit current systems to identify record-keeping gaps
• Ensure systems support six-year retention with adequate detail
• Train teams on what constitutes “adequate” documentation
• Document classification decisions for variable-hours workers

The government estimates 900,000 workers annually have holiday pay withheld, totalling £2.1 billion. With the FWA now empowered to pursue these underpayments proactively, employers without robust records face substantial retrospective liability.

axishrconsulting.com

Significant changes to UK trade union law have officially come into force as of 18 February 2026, marking the first major implementation of the Employment Rights Act 2025. The reforms, which repeal the majority of the Trade Union Act 2016, make it substantially easier for unions to organise and mandate industrial action.

The changes reset the balance of industrial relations by simplifying the legal hurdles unions must clear. The notice period for industrial action has been shortened from 14 to just 10 days, and once a ballot passes, the mandate for action now lasts for 12 months—double the previous six-month period.

In a move described as removing “red tape,” the government has simplified ballot notices and voting papers. Unions are no longer required to provide detailed breakdowns of employees in specific categories or complex descriptions of the dispute on voting papers. Instead, members will simply be asked whether they support strike action or action short of a strike.

Crucially, the 40% support threshold for industrial action in important public services has been abolished. For the first time, workers taking part in official strike action also receive enhanced job security; they are now protected from automatic unfair dismissal regardless of how long the action lasts, removing the previous 12-week limit.

Furthermore, the requirement to appoint a picket supervisor has been scrapped, and restrictions on “check-off” arrangements for public sector union subscriptions have been lifted.

For businesses, the new landscape presents immediate operational challenges. With less time between notification and action, and mandates lasting twice as long, employers face a heightened risk of prolonged disruption. Legal experts warn that the scope for challenging the technical validity of ballots has been significantly narrowed, meaning employers must shift focus from litigation to robust engagement strategies.

Workers, on the other hand, gain strengthened rights to organise without fear of dismissal. The new rules also provide a pathway for newly eligible employees to give notice for “Day 1” rights to paternity and parental leave.

These February measures are just the first wave. Later this year, the government will introduce electronic balloting and new duties for employers to inform workers of their right to join a union, continuing the biggest overhaul of employment law in a generation

The UK government has published a new draft Code of Practice and opened a consultation on introducing electronic (e-balloting) and workplace voting methods. This change is part of the wider pro-union reforms within the Employment Rights Bill. The consultation is open until 28 January 2026, with the government aiming for the new rules to take effect by April 2026, though e-balloting may be implemented later in the year.

Currently, many important union ballots—including those for industrial action—must be conducted by post. The proposed changes aim to modernise this process and increase member participation by introducing three new voting methods:

• Fully digital electronic balloting for industrial action and internal union matters.
• Hybrid balloting, where voting materials are posted, but members can choose to vote by post or electronically. This would also apply to statutory recognition ballots.
• Workplace balloting, specifically for industrial action ballots only.

Crucially, postal voting will remain the default option. Before using any new method, the union or the independent scrutineer overseeing the vote must carefully consider several factors, with security being paramount.

For employers, the new rules create specific obligations and considerations. Regarding e-balloting, the primary duty is to not hinder workers from voting freely and in secret. This means employers should not monitor workplace internet usage to identify voters or otherwise interfere.

Workplace balloting, however, requires a more proactive approach. An employer’s consent is mandatory, and they must consider any union proposal “with an open mind,” providing reasons for any refusal. If agreed, the employer, union, and scrutineer must create a detailed voluntary access agreement. This agreement covers logistics like voting times, locations, and crucially, a commitment from the employer not to unreasonably prevent staff from voting or to monitor the polling area.

The consultation seeks feedback mainly on the clarity of the draft Code, rather than on its core principles. These reforms represent a major shift in industrial relations, and employers are advised to understand their forthcoming obligations as the rules are finalised.

Number of employment tribunal claims surges to over half a million

The latest tribunal statistics reveal a challenging landscape for UK employers, with Employment Tribunal (ET) single claims increasing by a striking 33% in the second quarter of 2025/26. This sharp rise is a clear signal for HR professionals to reassess and strengthen their workplace policies and dismissal procedures.

The data from July to September 2025 (Q2 2025/26) highlights significant pressures on the Employment Tribunal system.

Single Employment Tribunal receipts jumped to 12,000 this quarter, a 33% increase compared to the same period last year.

Growing Backlog: Disposals (cases resolved) have not kept pace, decreasing by 10%. This imbalance has caused the open caseload for single claims to swell by 33%, reaching 52,000 open cases.

Multiple Claim Dynamics: The trend differs for multiple claims (where two or more people bring cases against the same employer). Receipts saw a slight decrease of 4%, but disposals fell sharply by 53%, leading to a 12% growth in that open caseload.

System-Wide Impact: Employment Tribunals now account for 22% of all tribunal receipts, making it one of the three largest jurisdictions alongside Social Security and Immigration.

This data isn’t just a government statistic; it reflects a real-world increase in workplace disputes reaching the legal system. The combination of rising claims and slower resolutions means that if your organisation faces a tribunal claim, it will likely remain in the system longer, extending the period of uncertainty, management time spent, and potential legal costs.

The growth in the open caseload indicates a system under strain, which can lead to longer waiting times for hearings.

The rising tribunal statistics are a powerful reminder that effective people management is a critical business function, not just an administrative one. The financial, reputational, and human cost of getting it wrong has never been higher.

The government has released a new wave of consultations under the forthcoming Employment Rights Act 2025 (ERA 2025), continuing its phased approach to reform. Published between 4 and 6 February 2026, the consultations address five areas: fire and rehire practices, trade union recognition, flexible working procedures, tipping laws, and the regulation of agency work, including the role of umbrella companies. Among these, the proposals on fire and rehire and flexible working are expected to have the broadest impact on employers.

Under the ERA 2025, dismissing an employee for refusing to accept changes to certain fundamental contractual terms—labelled “restricted variations”—will automatically constitute unfair dismissal. The same will apply where an employee is dismissed and replaced by someone performing substantially the same role under revised terms that include a restricted variation. Although an exception exists where employers face serious financial difficulties, it is expected to apply only rarely. These changes are due to take effect in January 2027.

A key question now under consultation is which changes to expenses, benefits, and shift patterns should fall within the definition of restricted variations.

Two options are proposed. The government favours excluding all expenses and benefits from restricted variation status, meaning dismissals to amend them would not be automatically unfair (though still subject to fairness scrutiny). Alternatively, certain benefits closely linked to remuneration—such as defined share schemes, travel allowances, or accommodation—could remain protected.

Shift patterns present further complexity. While changes to total working hours will always be restricted variations, alterations to timing alone will only qualify if specified in regulations. The government proposes either limiting protection to significant changes (such as day-to-night or weekday-to-weekend shifts) or excluding shift timing changes altogether. More nuanced approaches were considered but deemed impractical.

The ERA 2025 will also make flexible working a day-one right, allowing refusals only where reasonable and grounded in one of eight statutory business reasons. A new consultation outlines a more structured decision-making process. Employers considering refusal would need to meet with the employee within six weeks, explore alternatives, clarify whether the request engages Equality Act considerations, and provide a detailed written outcome within two months.

While the proposed processes appear manageable, further guidance—particularly on assessing “reasonableness”—will be critical. Both consultations close in April 2026, offering organisations an opportunity to shape the final framework before implementation in 2027.