Employment Tribunals in 2026: It’s Still About Process

While much attention is currently focused on the Employment Rights Act 2025, recent tribunal decisions show that the most immediate risk to employers remains unchanged: process.

Tribunals continue to scrutinise not only what decisions are made, but how and why those decisions are reached.

In Ntui v Lidl Great Britain Ltd, the tribunal criticised the employer’s handling of medical evidence and the lack of meaningful consultation prior to dismissal. The issue was not simply the outcome, but the steps taken to reach it.

Similarly, Inniss v Commissioner of Police of the Metropolis demonstrates that risk can arise even before employment begins. The tribunal examined the transparency and reasoning behind recruitment decisions, reinforcing the importance of a clear and fair process from the outset.

Higher courts have echoed this approach. In Mallon v AECOM Ltd, the focus was on whether the employer had properly engaged with its obligations, rather than its intention.

These cases reflect a consistent direction of travel:

• Greater scrutiny of decision-making processes

• Increased emphasis on documentation and evidence

• Less tolerance for informal or inconsistent practices

For employers, the implication is clear. Risk is rarely created by a single decision—it develops through gaps in process, lack of documentation, or failure to follow a structured approach.

With increased enforcement and a changing legal landscape, ensuring that processes are robust, documented, and consistently applied is no longer best practice, it is essential risk management.