UK Employment Law Coffee Break: New Employment Rights Act webinar series, workplace suicide prevention, and our latest AI spotlight

New ERA webinar series 

With the next wave of reforms under the Employment Rights Act 2025 (ERA) coming into force, our new webinar series cuts through the complexity. Each 30-minute webinar will take a single topic, explain what the law requires and, more importantly, tell you what it means in practice. We will address what employers are already doing, what decisions need to be made now and what good preparation looks like. Whether it is understanding the real impact of the new rules around dismissals, addressing strengthened harassment protections or planning ahead for expanded family friendly and flexible working rights, each session gives you practical insights you can apply across your organisation.

We start with "You’re (not so easily) fired: The new era of unfair dismissal" at 10am on Tuesday 22 September and you can view the full programme on our website or go straight to our sign up link. We look forward to you joining us.

What's in force this October?

The next wave of reforms under ERA come into force in October 2026 and January 2027. However, over the summer the government has pushed back the date for a number of reforms from 1 October to 30 October 2026. 

The one reform which will still come in on 1 October 2026 is the extension to the time limits for bringing most tribunal claims from three to six months. The extended time limit will apply where the "relevant date" of the date of the act, conduct or failure complained of (or the date of the last act or failure in a series) falls on or after 1 October. Employers will face a greater period of uncertainty during which a claim may be made and this, coupled with ongoing delays in the tribunal system, means steps must be taken to capture witness evidence and to preserve documentary evidence.

Reforms now set to come into force on 30 October 2026 include: 

• the duty to inform workers of their right to join a union;
• strengthening trade unions' right of access;
• new rights and protections for trade union representatives; 
• requiring employers to take "all reasonable steps" to prevent sexual harassment of their employees; and 
• introducing an obligation on employers not to permit the harassment of their employees by third parties.

While the government has now published a Code of Practice and regulations relating to trade unions' right of access, still awaited is the government's response to its consultation at the end of 2025 on the duty to inform workers of their right to join a union and the specific requirements that employers will be subject to. 

Our earlier Coffee Break looks at these reforms in more detail.

We are working closely with clients on both these trade union and harassment reforms; including ensuring that the appropriate policies, procedures and other documentation are in place and managers and other staff are aware of the new requirements through training. Our ERA webinar series will be taking a look at the questions we are seeing in practice in relation to the harassment reforms on 12 October and the trade union reforms on 2 November. 

The full list of reforms can be found on our microsite. We also have a practical tracker setting out actions to take in the run up to the reforms coming into force and guiding you through the associated actions and considerations; please speak to your Osborne Clarke contact for further details. 

AI spotlight: a focus on AI-generated documents in the Employment Tribunal

The Employment Tribunal caseload has grown substantially in recent times, becoming simultaneously larger in volume and more complex in character. 

The rise of AI-generated claims has emerged as a notable contributing factor, with resourcing unable to keep pace with the increase. AI-generated claims tend to be lengthy and appear technically more complex, yet are frequently poorly constructed. Claimants are often unable to articulate their own case at preliminary hearings, rendering those hearings longer than necessary and often resulting in the need to list further case management preliminary hearings for the same case. 

Rule 3(4) of the Employment Tribunal Procedure Rules 2024 reinforces that parties and their representatives must assist and co-operate with the Employment Tribunal to further the overriding objective. Overwhelming the Employment Tribunal with multitudes of documents is unlikely to be consistent with this rule. 

One stark example is the surge in interim relief applications. The Presidents of the Employment Tribunals in England, Wales and Scotland issued guidance on claims for interim relief in June 2026 in response to the increase in the number of applications and the number of documents accompanying such applications. The guidance states that Employment Tribunals used to hear around twenty interim relief applications per year nationally, but now individual tribunal offices are receiving a similar number per month. It includes a helpful note at paragraph 29 regarding the use of AI: "A particular difficulty arises in practice when legal submissions are generated using AI. While there is no objection in principle to the use of AI, it often results in submissions that are too long and complex, contain irrelevant material and fail to focus on the key points in the case. Litigants who use AI to assist them have a responsibility to ensure that what is submitted is concise, relevant and accurate".  

All of this has had a major knock-on effect on the Employment Tribunal process, with wait times for hearings (including case management preliminary hearings) stretching into 2028/2029. As with any system operating beyond its capacity, slower disposal rates compound the outstanding caseloads, creating a cycle that is difficult to break. Our experience fully aligns with the statistics. A large number of the cases we are handling are stretched out over many years and it is not uncommon for case management preliminary hearings to need to be cancelled, often at short notice.

The Employment Tribunals have been working hard to reduce the backlog, including considering smarter and more dynamic listing and, notably, using AI to identify gaps in the Employment Tribunal's listing schedule, but no single solution has emerged. Looking ahead, the Employment Rights Act 2025 is expected to increase the number of claims brought before the Employment Tribunal, with the removal of the compensation cap, increase in the time limit to bring a claim and a reduction in the qualifying service needed to bring an ordinary unfair dismissal claim. 

AI-generated documents: comments from the Employment Tribunal 

The Employment Tribunal has already begun to grapple directly with AI-generated submissions. Two recent cases illustrate the judicial response, drawing important distinctions between AI as a tool and a substitute.

In CX v Secretary of State for Justice, Judge Annand, when issuing judgment on the claimant's reconsideration application, observed that the documents filed by the claimant (four separate documents totalling over 40 pages) "appear to have been written using AI" noting they were "long, use language that is difficult to understand in places, and are highly repetitive". The judge further commented that "While it can be tempting for parties to use AI when submitting documents to Tribunals, it is easier for the Tribunal to understand the points that the parties want to make if they write them out themselves, in a single document, using their own words.” 

In Abraham v Hound Technology Ltd, the claimant lodged a reconsideration application with a four-page statement of grounds in support, only 10 minutes after the judge had delivered his oral judgment. A second application for reconsideration, five pages long, followed within 25 minutes. The judge did not deal with whether or not the claimant had behaved improperly by recording and/or generating a transcript of the hearing without the Employment Tribunal's permission, but did comment that "As many unrepresented parties now do, the Claimant readily accepts that she has relied upon AI in these proceedings. […] In that regard, one of our primary concerns as judges is to ensure that AI generated documents reflect rather than suggest a party’s case and evidence."

In a recent case in which Osborne Clarke acted, the claimant's closing submissions generated by AI contained references to case law which either was not relevant or did not exist. Our instructed Counsel highlighted this and the judge confirmed that they would disregard such references. In another case we advised on, following correspondence explaining that the claimant had failed to provide a witness statement by the prescribed deadline, the claimant produced a 10-page statement within 70 minutes of our email, calling into question how it could have been written in their own words.

While AI can be a useful tool, its tendency in some instances to produce lengthy, repetitive and poorly constructed documents is placing additional pressure on the system. Recent judicial comments suggest that AI-generated content may be scrutinised more closely in future. With the Employment Rights Act 2025 expected to drive a further increase in claims, these challenges are unlikely to ease in the near term.

If you wish to discuss any of the issues raised above and understand how we are supporting our clients in this respect, please contact associate director, Carla O'Neill, or your usual Osborne Clarke contact.

World suicide prevention day: supporting employees in the workplace 

World Suicide Prevention Day, marked on 10 September, provides a timely reminder for employers that suicide prevention is not an issue workplaces can afford to ignore. Published figures highlight that suicide remains the leading cause of death among people aged 35 and under in the UK, with colleagues, managers and entire teams all affected.

Research also suggests that a meaningful proportion of suicides each year have a workplace dimension, whether through excessive workload, poor management, bullying, job insecurity or exposure to traumatic events. 

This summer saw a coroner's court calling for an employer to change its practices after a young woman took her own life after facing disciplinary proceedings. The employee, who had an "exemplary employment record" had been driven to "distress" by a meeting about an anonymous complaint at work and with managers, despite her obvious devastation, not offering her the opportunity for third party support at the initial stages. The employer is now piloting new advice for staff dealing with disciplinary matters and managers are receiving additional training. 

Employers have a legal duty under health and safety legislation to protect employees from mental health risk caused or contributed to by work. This includes considering how those with pre-existing mental health vulnerabilities are protected at work. Employees with serious mental health conditions may also be disabled for the purposes of the Equality Act 2010, requiring employers to make reasonable adjustments within the workplace, for example to relevant policies and/or practices, as appropriate. 

Professional standard: BS 30480

Last year the British Standards Institution published BS 30480, the first dedicated national standard on suicide prevention in the workplace, which was developed in collaboration with mental health organisations. The standard provides a structure framework built around three core areas of organisation responsibility:

• Prevention: addressing the cultural and structural conditions that can either increase or reduce risk. This includes building psychologically safe environments, reducing stigma, assigning clear accountability at senior leadership level, and ensuring that managers and HR professionals have both the knowledge and the confidence to identify and respond to early warning signs.
• Intervention: focusing on what should happen when a risk becomes apparent. For example: having clear processes in place for recognising signs of acute distress, having trained individuals who know how to open a direct and compassionate conversation about suicide, and knowing how to manage a crisis safely, including access to emergency support.
• Postvention: covering how an organisation responds after a suicide attempt or death; it encompasses communications to colleagues, support for bereaved families, media management where relevant and a structured internal review to identify lessons and prevent recurrence. 

While the standard is not legally binding, it sets out clearly the expectations on responsible employers and is likely to be considered as part of any scrutiny into an organisation's actions should this be required. 

What does this mean for employers?

Many employers already recognise the cost of poor mental health through lost working days, staff turnover and reduced productivity. Investment in employee wellbeing, including active suicide prevention measures, remains essential for all employers. There is a growing momentum for work-related suicide to be treated with the same seriousness as other workplace fatalities; employers who take a proactive approach now will be better placed as expectations tighten. 

As well as being alert to changes in an individual's behaviours which may provide a red flag that additional support may be required, employers and HR teams should approach workplace situations where an individual's mental health may be under particular strain (such as disciplinaries, grievances, performance management processes, return to work processes and organisational change) with genuine care and individual risk assessment, rather than adherence to rigid or generic processes where there are indications that a particular employee may be struggling. 

Actions which will help build a strong foundation to make a workplace safe include:

• Putting in place a policy: Employers should consider a standalone suicide prevention policy setting out the organisations' commitment to supporting individuals, identifying who is responsible and giving managers a clear framework for action;
• Assessing and taking steps to manage mental health risks in line with the HSE's Management Standards: Employers should understand what in the working environment, including psychosocial risk factors, may be causing harm. Regular, honest risk assessment, covering factors such as workload, culture, management style and job security, should be embedded in health and safety management systems and wellbeing strategies. 
• Engaging with BS 30480: The standard represents the current benchmark for responsible practice and employers should ensure that not only does it underpin the organisation's approach, but also that all relevant individuals are familiar with it.
• Ensuring support is accessible and visible: Ensure employees are aware of and know how to access employee assistance programmes, mental health first aiders and peer support networks. 
• Manager training: Employers should ensure that managers receive practical and realistic training to give them the language and confidence to have difficult conversations and know how to react and the actions to take at times of crisis.
• Paying particular attention to sensitive HR processes: Where an employee is involved in a grievance, disciplinary or performance process, ensure mental health is considered as a matter of course and ensure appropriate interventions are identified and actioned. 
• Plan for postvention: Put in place a plan now for covering internal communications, support for affected colleagues and managers, and family liaison. 

World Suicide Prevention Day provides an opportunity for employers to take a step back and consider what it means to look after one another not only within the legal framework but as individuals. BS 30480 gives organisations a clear and credible framework for action to build a genuinely supportive culture and be better placed when the most difficult situations arise. 

Our employment and health and safety teams work closely together to support employers in putting in place the appropriate preventative and support frameworks, as well as advising on individual issues when they arise. Please contact your usual Osborne Clarke contact if you wish to discuss how we can support your organisation or Reshma Adkin, associate director, in our health and safety team.