There are currently more than 50,000 unresolved single employment tribunal cases in England and Wales, a record high, up by a third in just 12 months, with average waiting times of up to 17 months.
That number should alarm every HR director in the country, not merely as a statistic but as a warning. It is likely that behind each of those cases is an employer who, at some point, probably thought the problem would go away on its own.
The question HR professionals need to be asking right now isn’t “how do we win at tribunal?” It’s “how do we never get there?”
Employment lawyers see the same scenario repeatedly: a dispute escalates, and the employment contract turns out to be a template downloaded years ago, never updated, and signed by neither party with any real understanding of its contents. Vague terms around working hours, performance expectations, and disciplinary procedures don’t just create ambiguity, they create opportunity for claims.
Every contract should be specific, legally current, and tailored to the actual role. The new Act proposes to reduce the unfair dismissal qualifying period from two years to just six months. That means the window to assess, manage, and if necessary, exit a poor hire is narrowing considerably. If your probationary processes are not already structured to complete well within six months, with clear documentation at every stage, they need urgent attention now.
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