Employment Tribunal claims are climbing fast — and it’s not just a post-pandemic blip. Many organisations are facing economic uncertainty causing organisational restructuring, employee expectations are evolving, and new legislation is putting the pressure on employers to get things right.
To unpack this further and discuss what organisations can do to protect themselves, Workpro’s Marketing Manager Kirsty Hay sat down with Jay Bhayani, founder of HR focused legal advice firm, Bhayani Law. In this conversation, Jay shares timely insights into the most common triggers for claims, emerging legal risks, and how HR teams can stay compliant and confident in an increasingly complex landscape.
Kirsty Hay (Workpro Marketing Manager): Employment Tribunal claims seem to be on the rise. Can you give us a sense of what’s happening and why?
Jay Bhayani (Employment Law Expert at Bhayani Law): Absolutely. According to the Ministry of Justice, single Employment Tribunal claims rose by 19% in Q1 2024/25 compared to the same period last year, and open cases increased by 18%. This rise reflects broader economic pressures — from restructuring and cost-cutting to a more rights-aware workforce. We’re seeing more workplace grievances escalate into formal legal claims.
Kirsty Hay: What are some of the key triggers leading to these claims?
Jay Bhayani: Financial strain is a big one. When organisations face challenges, they often turn to redundancies or wage reviews. If those processes aren’t handled fairly and transparently, disputes arise. We’re also seeing a spike in grievances tied to poor communication and rushed decisions. With one in four employers planning redundancies in the next three months, we expect these trends to continue.
Kirsty Hay: Are there any particular types of claims that are increasing more than others?
Jay Bhayani: Yes. We’re seeing more cases related to executive departures, especially involving restrictive covenants like non-compete clauses. Companies are becoming more assertive in protecting sensitive information when high-level staff move to competitors.
Another major area is sexual harassment. With the introduction of the Worker Protection (Amendment of Equality Act 2010) Act 2023, there’s now a legal duty on employers to prevent harassment, not just respond to it. Failing to comply opens up serious liability in Tribunals.
Kirsty Hay: What about issues related to mental health or neurodiversity?
Jay Bhayani: Claims related to disability discrimination are definitely increasing — particularly around mental health and neurodivergence. Employers often struggle with what "reasonable adjustments" mean in practice. But with mental health now being the top cause of long-term sickness absence, these issues can’t be ignored.
Kirsty Hay: You’ve mentioned several emerging areas of dispute. Are there any legal grey areas employers need to be particularly careful about?
Jay Bhayani: Yes, one area that’s becoming more complex is how employers handle philosophical beliefs and freedom of expression in the workplace. We’re seeing more disputes where personal values clash with company culture or expectations.
A good example is the Higgs v Farmor’s School case. The Court of Appeal ruled that Mrs. Higgs was unlawfully dismissed for expressing her beliefs on social media. It’s a reminder that even if a belief is controversial, it may still be protected under the Equality Act. Employers must tread carefully — balancing respect for individual beliefs with legitimate business interests is crucial.
This trend ties into the broader rise in discrimination claims, especially as social issues become more visible in workplace conversations.
Kirsty Hay: Is whistleblowing also becoming more common?
Jay Bhayani: Definitely. We’ve seen a 92% rise in whistleblowing claims between 2015 and 2023. What’s important to note is that whistleblowing protections apply from day one of employment — unlike unfair dismissal claims. Many employees now bypass internal channels and go straight to the Tribunal, which can catch employers off guard.
Kirsty Hay: How is technology, especially AI, impacting employment law issues?
Jay Bhayani: AI and surveillance are hot topics. Tools used to monitor attendance or automate recruitment raise significant concerns about privacy and fairness. The ICO has issued guidance on this, but many companies still walk a fine line. As tech adoption grows, we expect more disputes related to bias, discrimination, and data protection.
Kirsty Hay: What should employers be preparing for next?
Jay Bhayani: The Employment Rights Bill, recently introduced by the Labour Government, is a major one. It proposes extending unfair dismissal rights to day one and increasing protections for vulnerable workers. While most of it won’t take effect until 2026, employers should start reviewing policies and contracts now.
Kirsty Hay: With so many legal risks emerging, how can employers stay on top of everything day-to-day?
Jay Bhayani: One of the most effective ways is by using HR case management software like Workpro. It helps employers track issues like grievances, disciplinaries, absences, and investigations in a structured, compliant way. Having a clear audit trail is essential — especially if a matter ever escalates to a Tribunal. Software can ensure timelines are met, documentation is stored properly, and nothing falls through the cracks. It’s a smart investment for reducing legal risk and supporting fair, transparent decision-making across the organisation.
Kirsty Hay: Finally, how can Bhayani Law support organisations and individuals through all these changes?
Jay Bhayani: We provide comprehensive legal and HR support for both employers and employees. Whether it’s navigating a tricky redundancy process, defending a claim, or needing advice on workplace culture, we’ve got it covered.
Having a joined-up approach with Workpro software and Bhayani Law employment law/ HR advice means customers get a really efficient and consistent solution.
Kirsty Hay: That’s incredibly helpful. How can people get in touch with you?
Jay Bhayani: They can call us on 0333 888 1360 or email hello@bhayanilaw.co.uk. We’re here to help. Workpro customers can get a priority call back within 2 hours by quoting Workpro Adviceline.
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If you're also an SME, or B2B focused organisation working in the HR space, we'd love to connect. We're building a network to share insights, ideas, and support — drop me a message if you'd like to join us: kirsty@workpro.com