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Employment claims reach a post-pandemic high

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Employment tribunal claims in England and Wales reached post-pandemic highs in early 2026, driven by a surge in single claims, a growing backlog, and a significant shift in the types of cases being brought. Single tribunal claims rose by 54% in Q3 2025/26 (October-December 2025) compared to the same period a year earlier, with the open single caseload reaching 58,000, surpassing the pandemic peak.

Key Trends and Case Mix Shift

  • Highest Backlog Ever: The open caseload of single employment claims is at its highest level since records began.
  • Case Mix Shift: The types of claims have shifted towards more complex issues. Unfair dismissal, disability discrimination, and unauthorised deductions of wages continue to dominate, with disability discrimination claims increasing by around 42% year-on-year in Q3 2025/26.
  • Rise in Whistleblowing: Whistleblowing claims have seen a sharp rise, with some reports noting a 104% year-on-year increase.
  • Remote Work Dip: While still elevated above pre-pandemic levels, cases involving remote/flexible working fell in 2025 for the first time since the pandemic began.


Factors Driving the Rise

  • Economic Pressure: Ongoing economic conditions are leading to increased layoffs and employee disputes over pay.
  • Increased Rights Awareness: Employees are increasingly aware of their rights and willing to challenge perceived injustices.
  • Future Legislation Concerns: The ERA (Employment Rights Act) 2025, with major provisions arriving in 2026 and 2027, is expected to keep claim volumes high by reducing the qualifying period for unfair dismissal and enhancing worker rights

 

Looking Ahead

Significant changes already in play and further changes on the horizon are expected to further impact the case mix:

  • April 2026: Introduction of more day-one rights including paternity/parental leave and strengthened Statutory Sick Pay; and the launch of the Fair Work Agency – see our April ERA 2025 focussed newsletters for further information.
  • October 2026: Standard time limits for bringing claims will increase from three months to six months.
  • January 2027: The qualifying period for unfair dismissal is set to decrease from two years to six months, with a removal of the compensation cap expected, which may cause a "seismic shift" in claims.

 

How we can help

Our team of Employment advisers are only a phone call away to provide advice, guidance and support with the aim of reducing the risk of you finding yourself defending an employee claim in an Employment Tribunal. Contact us on the Employment Service Helpline 0370 840 0234 with any questions regarding a specific issue or for more information on the ERA 2025.

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For more information, call us on 0370 840 0234 or email us at [email protected]