Employment tribunals are currently facing unprecedented delays, with more than 52,000 cases outstanding as of March 2025 and a total of 491,000 open cases, an increase of 11% since 2023 (Tribunal Statistics Quarterly: January to March 2025). These growing employment tribunal backlogs are creating significant challenges for employers, employees, and legal professionals alike, leading to extended resolution times and increased pressure on workplace dispute management.
This steady rise shows no signs of slowing. The Employment Rights Bill 2026 is set to bring widespread reform to UK employment law, which is expected to result in a greater volume of claims lodged in the employment tribunals.
What has caused the employment tribunal backlogs?
Following the Supreme Court decision in R (on the application of UNISON) (Appellant) v Lord Chancellor (Respondent) [2017], fees for employment tribunals were ruled unlawful as they impeded access to justice and violated the rule of law. Consequently, many workers who had previously been unable to bring claims due to financial constraints were suddenly able to do so. The tribunals were unprepared for this significant increase in claims. Since then, the system has struggled with a shortage of qualified employment judges and insufficient government funding for the Ministry of Justice.
What are the consequences of these backlogs?
A claim can take up to one and a half years to process, with some hearings listed as far ahead as 2028. For claimants bringing cases against employers, particularly in matters involving discrimination, victimisation, or sexual harassment, this means they may have to wait nearly two years before any justice is served. The psychological impact of such delays is profound, and the financial cost can be equally significant. Those who have suffered substantial financial loss due to a former employer’s actions may face an 18 to 24-month wait before receiving any restorative remedy.
This issue is pressing and is not being ignored by the legal profession. The President of the Law Society of England and Wales, Richard Atkinson, addressed the seriousness of these delays in a June 2025 press release, stating:
It is alarming to see the employment tribunal backlogs continue to spiral… The prolonged period of uncertainty as cases await hearing is likely to take a heavy personal and financial toll, impacting both individuals and businesses.
Businesses also feel the effects of these delays. Taking witness statements is a crucial part of any litigation, yet the reality of business operations means employees often leave, and memories fade. Vital witnesses may no longer be available or may have a diminished recollection of events 18 months after they occurred.
There are always risks for the parties involved in litigation and Employment litigation is no different. The fact that employment tribunals are overwhelmed currently just adds to the risks employers face when defending claims. Witness evidence can be vital and no employer wants to be left trying to persuade an ex-employee to give up their time to help defend a claim knowing that without them their prospects of success significantly reduce.
Katherine Maxwell – Partner
Is there a resolution in sight?
To put it frankly, no. If anything, the future looks more challenging. The much-anticipated Employment Rights Bill is set to come into effect in 2026 and is expected to lead to a significant increase in claims. Unfair dismissal will become a “day one” right, and new limits will be imposed on fire and rehire practices as well as on the use of zero-hour contracts. (For more information, please see list the Employment Rights Bill.
There is a real risk that an already congested system is on the verge of becoming overwhelmed.
What can employers do in the meantime?
Clearly, this is an issue that is here to stay. Employers should therefore take a proactive approach to preventing protracted employment tribunal proceedings.
Thorough contract reviews, policy updates, and internal training are vitally important to minimise the risk of workplace disputes—especially in light of the forthcoming Employment Rights Bill.
How Moore Barlow can help
Our business employment solicitors are dedicated to providing exceptional legal services to employers of all sizes. With extensive experience in employment law, we understand its complexities and offer practical, tailored solutions to help your business operate smoothly. Our team is committed to delivering personalised advice and ongoing support to help you manage your workforce effectively and mitigate potential risks. Choose Moore Barlow for expert guidance and peace of mind.
