A legal expert at Knights says she’s "unsurprised" after government statistics revealed the number of single claim cases being brought before employment tribunals had risen in the last year.
Employment Partner, Laura Clark, was reacting to the data which saw numbers of open tribunal cases skyrocket by 51% in the first quarter of 2026-27 – compared to the same period in 25-26, with an open caseload of 70,000 claims, with 14,000 being lodged between April and June.
Laura said:
"Based on our experience I think this increase can be attributed largely to a rise in the number of litigants using AI. Artificial intelligence has given people easier access to knowledge about what rights they have, and how they can enforce them. As there are no fees in the tribunal system, and it is deliberately designed to be informal, there are fewer hurdles which might otherwise prevent would-be claimants, particularly when AI is now 'advising' them.
"The number of tribunal claims I’m dealing with is going up and it's quite evident that many of the claimants I see are being assisted by AI. So, it doesn't surprise me that if you replicate the increase in claims that we've seen as a team, across the UK and all law firms, that there has been such an increase. It is probably also true to say that the level of sophistication in claims made by litigants in person has increased as well – AI is by no means perfect in this regard, but it seems to provide a generally useful basis of knowledge from which individuals can effectively leverage a position.
“I think it's really concerning because this is a marked increase that's coming before the raft of changes that the Employment Rights Act 2025 will bring in early 2027.”
Laura Clark
"I think it's really concerning because this is a marked increase that's coming before the raft of changes that the Employment Rights Act 2025 will bring in early 2027. We’ve already seen hearings being listed in 2029 and that means a three-year wait for some to have their cases heard. This brings with it issues concerning the reliability of witness evidence and consequently raises doubts about whether this works against the proper administration of justice. It also seems inevitable that there will be increases to costs and pressure on the parties involved.
"You’ve also got to consider how there’s a major backlog within the employment tribunal system so that’s why we have such a number of open cases. Cases are, on the face of it, more complex but there aren’t enough judges available to be able to hear claims quickly. The number of case disposals has fallen by 6%.
"With the current state of the tribunal system, it’s not a surprise in the slightest that the number of cases is on such a steep rise and, in my opinion, I expect these numbers will only continue to go up as new changes as part of the Employment Rights Act 2025 come in play, bringing many more employees in scope to bring a claim. There’s no question that government intervention is needed urgently."