We thought it might be of interest to our clients to have some insight into important developments regarding the employment tribunal landscape which have come out of the latest National Employment Tribunal User Group meeting held last month.

Overview

The volume of new claims being received by Employment Tribunals has reached post-pandemic highs, with more than 13,000 single claims being submitted during Q3 of 2025-26. Significantly, 61% of new single claims are classified as open track cases which means they are complex matters involving claims of discrimination and whistleblowing which is an increase of 20-25% compared to fifteen years ago. This increase is believed to be partly driven by AI-assisted drafting of claims which we are increasingly seeing more and more as employees use AI to draft grievances and other similar communications to employers.

Disability discrimination has emerged as the most litigated protected characteristic, accounting for roughly half of all discrimination claims. Waiting times in London and the South East are now measured in years, with five-day hearings in London South being scheduled as far ahead as early 2029 (we received a Notice of Hearing from Central London Tribunal last month listing a 4 day final hearing for early 2029). Most other regions however are currently still managing to accommodate hearings in 2026 or 2027.

Tribunals are experiencing a sustained rise in claim receipts, a shift toward more complex open track work, and AI-fueled inflation in pleadings. In addition to this, Acas, is on track to receive a record-breaking 150,000 Early Conciliation notifications in 2025-26, with an expected 15-20% increase due to the Government’s new Employment Rights Act 2025 and as a result of this, presently, it is taking five weeks to allocate a new case to a conciliator.

In Summary

Claims are increasing and tribunals are struggling to cope. AI is undoubtedly a factor in this as employees are increasingly using it to articulate their grievances and complaints in a more sophisticated and “legal” manner. This trend is likely to continue and worryingly cause a further significant increase in claims when the Government’s more significant changes to employment law take effect at the start of 2027 with the removal of the 2 years’ continuous service requirement and statutory cap on damages for unfair dismissal and the introduction of the new Fire & Rehire reforms. We will be providing updates on these changes and running webinars and seminars later in the year to help clients prepare.

Usually, by the time a business owner is contacting their lawyers it’s because they are in legal trouble, after all, that’s what they’re there for. But at Glaisyers ETL, we know that consistent and anticipatory communication with your legal team is the first step in preventing legal troubles from arising in the first place – saving you time and money.

From common warning signs to practical steps you can take, we can reduce risk and increase compliance within your organisation, ensuring you don’t have to incur unnecessary costs and waste time on preventable legal issues. For tailored advice, contact Hannah Vachre, Partner in our Commercial Litigation team today.

Save Time and Money with Early Legal Input

Early legal input acts as a preventative measure, identifying risks before they fully arise. By engaging Glaisyers early, businesses can avoid costly litigation, prevent deals from falling through, and ensure compliance, which will often cost much less than fixing errors later. Prevention is better than cure.  

According to a report by the Legal Services Board that covered SMEs in England and Wales, roughly one in three small businesses experience at least one legal problem per year, with the average cost per incident being around £6,500. At Glaisyers ETL, our aim is to ensure your business avoids these consequences and stays one step ahead of trouble.  

Common Warning Signs to Look For

In the buildup to legal issues, there are several common signs that businesses should be aware of that can indicate legal trouble is on the horizon.  

Financial distress signals such as persistent cash flow shortages, a reliance on debt to pay operating expenses, or consistently delayed payments to creditors will often result in legal troubles if left unresolved.
Operational and management issues like unresolved or increasing customer complaints, a high employee turnover, or dependency on one or two key clients can mean that issues can easily be encountered.
Contractual warning signs such as relying on handshake agreements instead of formal contracts, overlooking changes in industry-specific laws, failing to register trademarks and patents, or ignoring ‘friendly’ warnings from clients when payments are late or services are sub-par.

At Glaisyers ETL, our expert team can spot the signs of upcoming legal troubles and explain the likely outcomes clearly and professionally, allowing you to make an informed decision that will be benefit your business.

Practical Steps to Reduce Risk

At Glaisyers ETL, we know exactly what steps your business needs to take to ensure compliance and avoid common legal pitfalls. The assurance that a competent legal team provides is the peace of mind that you can focus solely on growing your business, rather than worrying about barriers in the way. 

When growing your business, contracts that were put in place in a company’s early days can become no longer fit for purpose as expansion occurs and old templates, verbal agreements, or forgotten obligations can easily turn into expensive disputes. 

Employee contracts are another area that can easily cause legal issues if not handled correctly. It is imperative to ensure that every employee or contractor has clear job roles, confidentiality, and termination terms set out in their contract. Proper HR documentation protects both your team and your reputation, two things that become increasingly valuable as your business grows. 

Glaisyers ETL can assist with all these areas, allowing you to focus on growing your business, safe in the knowledge you are compliant and secure.

Don’t Leave it Too Late

Delaying legal input can prove to be costly for your business, with the financial implications possibly being drastic. 

Legal proceedings can cause a ripple effect throughout your whole business, if your valuable management time and money is being sent on legal proceedings, then often other areas of the business are neglected. Services can slow down, quality can drop, and clients can be forced to go elsewhere – further reducing profits.

Unsure whether your business is at risk? Contact Hannah Vachre, Partner in our Commercial Litigation team, today to understand your options and sense-check your position.

EAT rules a conditional job offer constitutes a binding employment contract requiring reasonable notice from the employer

In the recent Employment Appeal Tribunal (EAT) case Kankanalapalli v Loesche Energy Systems, delivered on 20 January 2026, an important ruling concerning the validity of conditional job offers was made. The EAT found that a binding contract had been formed when the employer withdrew an offer shortly before the start date, even though the job offer was expressed to be conditional. The EAT ruled that this amounted to a breach of contract and the Claimant was entitled to three months’ notice pay.

The decision highlights the need for employers to ensure clarity and accuracy when making conditional offers of employment to avoid potential disputes.

Background

The Claimant in this case was offered a Project Manager role subject to conditions including satisfactory references and a right to work check. The offer was accepted by email, and the Claimant began preparatory steps including paying relocation expenses and providing the required references. The employer withdrew the offer shortly before the start date for reasons unrelated to the offer conditions and the Claimant argued that this amounted to a breach of contract due to lack of notice.

Employment Tribunal

The Claimant brought a claim for breach of contract, arguing that the offer was withdrawn without appropriate notice. The Tribunal held that no binding contract had been created because the conditions of the contract had not been met, and therefore the employer was entitled to withdraw the offer without providing notice. The Claimant appealed to the EAT.

Employment Appeal Tribunal

The EAT held that the tribunal had erred in proceeding on the basis that no contract existed because the conditions attached to the offer were conditions precedent, meaning the contract would only come into existence once they were satisfied. The EAT opposed this and ruled that the conditions were conditions subsequent, meaning a binding contract had arisen but could be terminated if the conditions were not fulfilled.

As the offer did not specify notice, and no discussion was had regarding the same, the EAT ruled that a term of reasonable notice had been implied. The EAT considered factors such as the requirement to relocate, the status of the role, the duration of the recruitment process, the employer’s steps to begin onboarding and suggestion that the Claimant should secure a 12-month rental arrangement.

Upon consideration of the above, the EAT held that a three-month notice period was reasonable and should have been given by the employer. The EAT therefore granted the Claimant’s appeal and substituted a judgment upholding the breach of contract claim and awarding three months’ notice payment.

Key takeaways for employers

The EAT’s ruling in this matter underlines the importance of employers being clear and unambiguous about the conditions attached to job offers. It is a clear reminder that conditional offers can still create binding contracts.

When making a conditional offer of employment, it is crucial that employers specify the conditions clearly and in writing. Conditions may include satisfactory references, a clean criminal record check, or other pre-employment assessments. Ambiguity in this area can lead to legal challenges and disputes regarding the time at which a binding contract is formed. If employers intend that no contract is formed until conditions are satisfied (conditions precedent), the offer letter must say so clearly and unambiguously; just using the words ”subject to” before any conditions is likely to be insufficient. Instead, any offer should clearly state that no binding contract will come into effect until all specified conditions have been met. The conditional offer process should also be documented carefully, ensuring that both parties understand the terms and conditions of the offer. Employers should also avoid starting onboarding too early, steps such as issuing starter forms or providing equipment and security passes may indicate that the contract has already begun and is therefore binding on both parties.

Employer protection

It may be beneficial for employers to review their current offer letter templates and contractual documentation to ensure they are compliant with the principles outlined in this judgment, ensuring any conditions attached to job offers are legally enforceable and understood by all parties. We advise reviewing your employment practices and documentation to align with the latest legal developments and to seek professional advice if you are uncertain about any aspect of your recruitment process.

Glaisyers ETL’s Employment team are just an email away if you have any questions, comments, or insights to add.

April 2026 marks one of the most significant waves of UK employment law reform in recent years, driven largely by the implementation of the Employment Rights Act 2025.

For employers and HR professionals, these changes require not only policy updates, but also a proactive approach to workforce planning, compliance, and communication.

So what are the changes?

1. Statutory Sick Pay (SSP)

One of the most significant reforms is the overhaul of Statutory Sick Pay.

From 6 April 2026:

SSP will payable from day one of an employee’s absence, thereby removing the previous three-day waiting period.
Employees no longer need to earn £125 or more per week, known as the “Lower Earnings Limit”. This will be abolished, meaning that all employees, irrespective of their earnings, will be eligible for SSP.

Whilst this will significantly expand eligibility for SSP, employers may also see an increase in short-term absence now that employees will be entitled to SSP for the first day of any period of short-term sickness absence, particularly if their contracts of employment do not provide for enhanced sick pay.

2. Day-One Rights for Family Leave

Paternity leave will become a day-one right with effect from April 2026, meaning that employees no longer need 26 weeks’ service to be eligible.

Unpaid parental leave also becomes a day-one right. Currently, employees require one years’ service in order to be eligible.

Additionally, a new right to Bereaved Partner’s Paternity Leave allows up to 52 weeks’ leave if the mother or primary adopter dies within the first year of the child’s birth/placement.

Employers therefore need to be alive to the fact that employees, including newly recruited employees, will be entitled to these periods of leave from the commencement of their employment.

3. Collective Redundancy

Where an employer proposes to dismiss 20 or more employees by reason of redundancy within a period of 90 days or less, there are certain legal obligations to collectively consult with which they must comply. Failure to do so can lead to claims to an employment tribunal for a protective award of up to 90 days’ gross pay.

With effect from 6 April 2026, for employees dismissed on or after this date, the protective award increases to compensation of up to 180 days’ gross pay.

This significantly increases the financial risk for employers who do not properly and carefully plan for larger redundancy exercises. Engaging in legal assistance at the outset of a redundancy situation and at an early stage is therefore recommended so as to limit this exposure.

4. Expansion of Whistleblowing Protection

Disclosures relating to sexual harassment are now explicitly protected under whistleblowing legislation. This means that allegations and/or concerns raised regarding sexual harassment are now considered a “protected disclosure”, meaning that any detrimental treatment or dismissal in connection with this will give rise to claims under the Employment Rights Act 1996.

5. New Enforcement Body

From 7 April 2026, a new Fair Work Agency will be introduced to strengthen enforcement of employment rights.

Most employment rights are currently enforced by individuals presenting a complaint to an Employment Tribunal.

However, Fair Work Agency is expected to have:-

Powers to inspect workplaces and require employers to produce relevant documents and evidence to demonstrate compliance with employment law.
Enforcement powers as to the National Minimum Wage including a civil penalty regime (where enforcement officers find that employers have underpaid their workers.

This will inevitably bring about greater scrutiny of compliance with employment legislation and employee rights, which in turn should alert employers to the need for robust internal audits and governance.

Conclusion

What is clear is that these reforms collectively represent a shift towards earlier access to employment rights and stronger enforcement mechanisms.

Employers would therefore be well advised to:-

1. Review contracts of employment in respect of sick pay entitlements where necessary;

2. Conduct a full policy audit, and in particular review policies relating to:-

a. sick pay

b. family leave entitlements and eligibility

c. redundancy

d. whistleblowing and sexual harassment, and ensure harassment and grievance procedures align with whistleblowing protections.

3. Ensure all employees undertake appropriate training on whistleblowing and sexual harassment which is tailored to the employer’s business and particular industry.

4. Ensure all managers are suitably trained as to these changes, including identifying protected disclosures for the purposes of whistleblowing claims.

5. Carry out an audit as to compliance with the National Minimum Wage where appropriate.

With further changes already scheduled for October 2026 and beyond, this is not a one-off adjustment, but the beginning of a broader transformation in UK employment law.