How to stop an employment tribunal happening

What are the employment tribunal pressures facing school leaders?

As seen in the media and reported by professional bodies, such as Association of School and College Leaders (ASCL), school leaders across the country have reported a rise in disputes with parents that are increasingly involving legal complaints, formal data requests, and threats of legal action. As all educational establishments are people-intensive organisations, this feeling of managing a more litigious work environment will be reinforced by ever increasing pressures from another stakeholder group: staff.

The Ministry of Justice has published statistics highlighting a sharp rise in employment tribunal claims across the country. Around 50,000 new single claims were lodged in 2025/26 with only around 26,000 claims being disposed, leaving a caseload of approximately 64,000—a 55% increase on the previous year!

When a school leader receives legal documentation from lawyers, ACAS, or the employment tribunal, regarding current or past employees, it can be disheartening and daunting. For schools and multi-academy trusts the ongoing tribunal backlog means employment disputes are likely to take significantly longer to resolve. These delays increase both the financial and operational impact of any claim on educational establishments.

Claims increasing—but that doesn’t mean schools are getting worse as employers

It would be easy to assume rising tribunal claims means workplaces are becoming more discriminatory or poorly managed. Naturally, the reality is considerably more complex. An increase in tribunal claims should not automatically be viewed as a result of poor employment practices.

Several factors are considered to be contributing to the increase of such claims:

• Employees are more aware of their workplace rights than ever before.
• More people are receiving diagnoses of conditions such as ADHD and autism and requesting workplace adjustments that need to be handled with care.
• Digital resources and AI tools have made it easier for individuals to understand legal processes and submit claims without legal representation.
• Expectations around wellbeing, flexibility, and workplace culture have shifted significantly since the pandemic.

In addition, the education sector presents some unique challenges that can increase both the likelihood and impact of employment disputes. Whistleblowing and disability discrimination claims have risen particularly sharply. For schools, staff wellbeing, safeguarding responsibilities and operational pressures frequently overlap or indeed conflict, making management decisions particularly challenging and certainly not risk free.

Schools make difficult staffing decisions every day; redundancies, restructures, capability procedures, disciplinary action and long-term sickness management. These are all legitimate management processes with the added element of constant financial pressures. Even where decisions are fair, procedures are followed with supporting data, employees may still feel they have been treated unfairly. Differences in perception frequently lies at the heart of employment disputes and communication (or lack of) is often key.

The objective is not to eliminate the risk of employment tribunal claims but to minimise risk and to ensure school leaders feel prepared and supported.

The growing backlog implications

Many employment tribunal cases are now taking well over a year to reach a final hearing with some hearings already being listed for 2028 and beyond. The Law Society has warned such delays deny both employers and employees timely access to justice, with prolonged uncertainty creating significant personal and financial consequences.

Lengthy delays also create practical difficulties for schools:

• witness memories fade
• key staff may leave educational establishments
• documentary evidence becomes harder to locate or is lost
• legal costs increase
• settlement discussions become more protracted
• schools remain in prolonged uncertainty.

For academy trusts and schools, this means disputes require sustained management over a much longer period than many leaders have previously experienced.

Employment Rights Act 2025: Further pressures

These existing problems are expected to worsen as key provisions of the Employment Rights Act 2025 come into force this academic year. These reforms are expected to increase both the number and complexity of employment tribunal claims.

Four reforms are particularly significant:

• Extension of tribunal limitation periods from three to six months for most claims expected to apply to claims arising on or after 1 October 2026.
• Reduction of the qualifying period for unfair dismissal, with protection extending to employees with six months’ service from 1 January 2027.
• Removal of the statutory cap on unfair dismissal compensation for claims arising on or after 1 January 2027.
• Introduction of direct employer liability for third-party harassment, so employers must take ‘all reasonable steps’ to prevent workplace sexual harassment of employees, including from third parties from 30 October 2026. In the case of schools, this would include parents and pupils.

You can read more about the Employment Rights Act 2025 and its impact on schools in our previous blog.

The hidden cost of employment tribunal claims

Tribunal awards often attract media attention, but they represent only one aspect of the overall cost. A claim can continue for many months or even years before reaching an employment tribunal hearing. During that time, school leaders can expect considerable demands, not least rising legal fees, but other hidden costs which impact the operational running of the school.

Hidden costs commonly include:

• significant leadership and staff time
• substantial HR time
• prolonged uncertainty
• reputational concerns
• emotional pressure on any staff named or involved.

The emotional pressure is often not considered fully but should not be underestimated. Being accused of discrimination or unfair treatment can be extremely stressful, particularly where managers believe they acted appropriately. The ripple effect of ongoing legal matters can be corrosive to leadership capacity and staff wellbeing.

Looking ahead

Although no employer can eliminate the risk of tribunal claims entirely, schools can place themselves in a much stronger position through proactive people management. Managing employment tribunal litigation should always be considered alongside wider organisational priorities, including staff morale, governance and public confidence.

Practical considerations:

• ensure communications are monitored during school holidays so response deadlines are not missed if employment tribunal papers are received
• protect children’s identities where tribunal proceedings involve safeguarding or pupil-related evidence
• carefully select witnesses whose evidence will be most persuasive and reliable
• consider the reputational implications for the school or academy trust throughout proceedings
• evaluate settlement options pragmatically where appropriate.

What this means for schools

Employment tribunal claims are becoming an increasingly significant feature of the employment landscape. The rising number of claims, length of litigation, and major legislative reform means school leaders should expect employment disputes to remain a key governance and leadership challenge over the coming years.

While disputes cannot always be avoided, schools that invest in a strong management capability, creating a positive workplace culture, ensuring robust processes and accurate documentation will be better placed to navigate claims effectively and minimise both legal and organisational risk.

Key action priorities for school leaders:

• Keep policies up to date and apply them consistently.
• Regularly audit HR processes to identify potential risks and areas for improvement.
• Equip managers with the confidence and skills to address concerns early, consistently and fairly.
• Make staff wellbeing and effective HR support a school priority.
• Focus on the employee experience—not only what decisions are made, but how they are communicated and managed.
• Create a culture where concerns can be raised safely and addressed before matters become formal and difficult to resolve.
• Maintain comprehensive audit trails, including contemporaneous notes and documented decision-making.
• Seek timely professional HR and legal advice before situations escalate.

Our HR experts combine sector knowledge with practical experience in managing complex workforce challenges across schools and MATs. We’re proud to be considered an extended member of the teams we work with, helping with all the responsibilities and functions that Human Resources entails. 

If you would like further advice and guidance, please explore our website or get in touch with our team to find out how we can help.