Workplace Disputes Surge: Employers Face Escalating Duty of Care, Termination, and Reference Claims
The Swiss employment landscape is witnessing a marked increase in workplace conflicts, with significant rises reported across several key legal areas. Data from legal protection insurer AXA-ARAG indicates a challenging year for employers in 2025, underscoring the growing need for robust compliance and proactive risk management strategies.
Employment law consistently ranks as one of the most frequently sought-after legal services by the insurer. The most alarming trend identified is a substantial 36 percent year-on-year surge in cases related to breaches of the duty of care. This legal obligation requires employers to adequately safeguard the health, personal integrity, and legitimate interests of their employees, which explicitly includes active protection against workplace bullying. However, AXA-ARAG lawyer Carole Kaufmann Ryan clarifies that not every workplace disagreement constitutes a breach. Establishing a legal case for bullying necessitates proof of repeated, systematic, and prolonged hostile exclusion by a group of colleagues, a high evidentiary bar that often complicates legal proceedings.
Beyond duty of care, terminations also present a growing area of contention, with related legal cases escalating by 26 percent in 2025. While Swiss law generally permits termination without cause, such actions can become abusive if they contravene good faith principles. This includes dismissals linked to union activities, wage demands, the fulfilment of civic duties like military or civil service, or discriminatory grounds based on personal characteristics unrelated to the employment. Employees who successfully challenge a termination on these grounds may be entitled to compensation of up to six months’ salary.
Furthermore, disputes concerning employment references, a critical component of career progression, have seen a 14 percent increase in legal consultations. These conflicts stem from negative formulations, inaccurate performance assessments, and a perceived lack of appreciation. Employees are legally entitled to an honest yet favourable employment reference, both during and after their tenure. Kaufmann Ryan advises employees facing unsatisfactory references to formally request written corrections with specific proposed amendments and a reasonable deadline. If an amicable resolution is not reached, recourse through conciliation or litigation remains available.
In navigating these escalating workplace disputes, whether concerning duty of care, terminations, or employment references, the initial recommendation remains consistent: direct communication and early intervention are paramount. Often, a mutually agreeable solution can be achieved through open dialogue before conflicts necessitate formal legal intervention, thereby mitigating risks and fostering a more stable employment environment for all stakeholders.
