Employment lawyers have warned that tribunals could be ‘submerged’ by a surge in cases stemming from the Equality Act 2010, which came into force this month.

The act comes against a backdrop of increasing employment claims, with figures released by the Tribunals Service last week indicating that employment tribunals received 44,500 claims in the first quarter of 2010/11, up 6% on the same quarter last year.

The act extends some of the protections provided by earlier legislation against associative and perceptive discrimination, harassment and victimisation at work. It also outlaws pre-employment health questionnaires and pay secrecy clauses in contracts.

Pam Loch, managing director of Kent employment firm Loch Associates, said: ‘The tribunals may be submerged by claims testing the new provisions around discrimination by perception. Employees who are harassed because of a perceived disability or sexual orientation can now take their case to court and win damages.’

Gordon Turner, founder of London firm Partners Employment, said: ‘The new provisions will hit smaller employers hardest, because they haven’t the time or resources to manage complex laws. Employers will need ultra-sensitive radars to know who their staff are in relationships with, and so avoid claims of discrimination based on association. I expect a surge in claims with evidential complexities for the tribunals to unravel through lengthy proceedings. The courts will struggle to cope with the increased caseload.’

Christl Hughes, chair of the Association of Women Solicitors, said: ‘Parts of the new act, such as the outlawing of pay secrecy clauses, make it easier for female workers to know whether they are being paid less than male colleagues for the same work. Although much progress has been made, there remains a substantial pay gap between the sexes in the workplace, including within the solicitors profession.’