This Month in HR - August
As we move through the final weeks of summer, many SMEs are preparing for a busy autumn. Employment law continues to evolve at pace, tribunal pressures are increasing, and recent case decisions highlight the importance of supportive, well‑structured people management. This month’s update brings together the key developments employers need to be aware of, along with practical steps to help you stay prepared and protected.
Tribunal Backlog – What Employers Need to Know
Employment tribunal pressure continues to rise, with the latest Ministry of Justice figures showing a system struggling to keep pace. There were 531,000 open claims at the end of Q4 2025–26, up from 491,000 the year before. Single‑claim receipts reached 50,000, yet only 26,000 were disposed of and active single claims climbed 55% year‑on‑year to 64,000. TUPE claims rose 227%, national minimum wage 122%, whistleblowing 112% and disability discrimination 79%, with unfair dismissal featuring in 51% of all claims.
The backlog is being driven by increasingly complex discrimination and whistleblowing cases, alongside a sharp rise in self‑represented claimants using AI to generate lengthy, multi‑issue submissions that often contain inaccurate legal arguments. This combination is slowing the system dramatically, with some regions now listing hearings years into the future. For employers, this means disputes lingering for long periods, increased management time spent on documentation, higher legal costs, difficulty planning around unresolved cases and greater emotional strain for everyone involved.
In a slow-moving system, strong internal practice is your best protection. Early, supportive people management, consistent processes, clear documentation, proactive resolution of issues, up‑to‑date policies and confident, well‑trained managers all help prevent claims or place employers in a far stronger position if one does arise.
Case Spotlight: Tait vs Holiday Extras
A recent tribunal decision offers an important reminder about reasonable adjustments in remote roles. Laura Tait, a home‑based travel consultant with multiple disabilities, raised concerns that voice‑heavy work, rigid shift patterns and mandatory camera‑on meetings were worsening her conditions. She requested practical adjustments such as more chat/email work, flexible start and finish times, a regular rota and the ability to join meetings with her camera off.
The tribunal found that Holiday Extras knew, or should have known, about her disabilities and that several of her requested adjustments were reasonable. Crucially, it held that allowing her to turn her camera off during meetings was a necessary adjustment to prevent anxiety. The company’s failure to implement these changes amounted to disability discrimination.
For employers, the key learning from this case is that reasonable adjustments are often small, practical changes that can make a meaningful difference. In remote and hybrid settings, proactively exploring adjustments and documenting conversations is essential to supporting wellbeing and reducing risk.
Three Upcoming Significant Employment Law Changes
Three significant employment law reforms are on the horizon. Each change increases exposure on its own, but together they create a landscape where more employees will be eligible to claim, will have longer to do so, and potential compensation will be far higher.
Extended tribunal time limits – October 2026. Employees will soon have six months to bring claims instead of three. Issues may resurface long after they appear resolved, making clear documentation and careful record‑keeping essential.
Unfair dismissal qualifying period reduced – January 2027. Eligibility for unfair dismissal protection will fall from two years to six months. Employees will reach protection far earlier, placing greater emphasis on fair processes from day one. Probation reviews, early performance management and consistent communication will become even more important.
Uncapped unfair dismissal compensation – January 2027. The removal of the financial cap means poorly handled dismissals could become significantly more expensive. Clear procedures, confident managers and well‑structured decision‑making will be vital.
Together, these changes increase the importance of tightening documentation, strengthening early‑stage management and ensuring policies and training are fully up to date. Good practice will be the strongest protection in a higher‑risk environment.
Client Review of the Month
“Sarah was incredibly friendly, approachable and easy to talk to from the outset. She took the time to really listen to my situation, asked thoughtful questions and provided clear, practical advice.” - A lovely reminder of the value of taking time to understand each person’s circumstances and offering support that is both human and practical.
Need Any Support?
With so much change on the horizon, early conversations, fair processes and supportive leadership will make all the difference. If you’d like to strengthen your HR foundations or sense‑check your current approach, get in touch to book a discovery call.
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