A key reason may have to do with the consultants and paid agents who have turned general protection and unfair dismissal claims into a business model.These paid agents are not lawyers or unions and are not subject to the same professional or ethical obligations. One paid agent told the commission his qualification was “the school of hard knocks”.
Many have figured out a way to automate unfair dismissal and general protection claims in a way that leverages payouts from employers with minimal cost.
This appears to be microeconomic in nature, but is it?
There is clearly some influence of AI in this. The pro forma nature of the appeals and a glance at the agent websites make this pretty clear.