With nearly half a million open employment cases clogging the tribunal system, and the open caseload of single claims increasing by 32% compared to last year, employers are facing significant legal and financial exposure.
Amendments to the Employment Rights Bill (ERB) made in September 2025 will undoubtedly cause additional pressures. With its first reforms due to take effect in April 2026, the ERB is reshaping the obligations placed on organisations. One thing is for certain: the employment landscape in 2026 will be fundamentally different from what it was even just a year ago.
Amid this turbulent time, let’s take stock of the lessons learned from key tribunals in 2025 to help us prepare for the new year. With so many key moments – what are the main teachings?
A recent study found that one in three organisations is not using formal investigation procedures. And we’ve seen tribunals in 2025 taking a noticeably firmer line against employers who have skipped those investigatory steps, rushed decisions or failed to follow their own disciplinary policies.
Crucially, once the provisions of the ERB come into effect, the ability to claim unfair dismissal will become a ‘day one’ right which can presently only be pursued after two years of service. This will mean that even within an employee’s probationary period, future dismissals will still need to comply with reasonable and evidence-based procedures.
The ERB’s...
False Claims Act enforcement in 2025 — the second Trump administration's first year — remained strong in traditional areas such as healthcare fraud, while setting new priorities and expanding its a...