Lawyers expect claims that seek legal protection for potentially controversial beliefs — especially gender-critical views — to grow in 2026 as the U.K. Supreme Court’s landmark ruling on sex-based protections changes the outlook for sex discrimination claims. They also say that employment tribunals might be forced to adapt to the groundswell of litigants fueling their disputes with AI-generated advice.
But Ben Smith, senior associate, said that “the big thing in employment litigation at the moment is still protected belief.”
Those cases often turn on a policy that hasn’t been followed — or wasn’t in place to begin with — but the law on protected belief “is a bit of a mess,” Smith added. “It’s become incredibly difficult for employers to deal with.”
Whistleblowing
The Supreme Court might hear arguments in 2026 about whether individuals can be held liable for punishing whistleblowers after the Court of Appeal passed the question up the chain.
A judgment would give clarity on a technical point of law, but it isn’t going to be closely followed by employers, Smith of Littler said.
“It’s going to be an interesting one in terms of the law, but it’s not going to be a big change in employers’ practices. It’s more of an issue for individuals if they become liable,” he added.
AI and Employment Tribunals
“We’re seeing a real spike in the last six months, 12 months, in employees using AI,” Smith said. “It would be good to see the tribunal giving some guidance and being a bit stricter around that.”
