Employment Tribunal backlog

The employment tribunal system has been under increasing pressure for some time, with long delays leaving both employers and employees waiting a long time for claims to be resolved. Cases are taking more than double the amount of time to be concluded via the Employment Tribunal than a year ago.  As at December 2025 there were 30,784 open cases.  This is only likely to increase further with the changes brought about by the Employment Rights Act 2025.  The reason for the backlog is that there are more new cases coming through quicker than the employment tribunal system can deal with the cases it already has!

There have been some recent proposals supported by the Employment Lawyers Association.  The suggested reforms include compulsory mediation for all claims and the introduction of a three-track tribunal structure based on the value and complexity of the dispute. The aim is to deal with straightforward claims more efficiently, encourage earlier settlement where possible, and allow more complex matters to be managed with procedures better matched to their scale.

The proposals would divide tribunal claims into three categories: simpler claims under £20,000, mid-range claims managed more tightly with limits on issues, and higher-value or more complex claims handled with a more in-depth procedure and potential costs consequences.

For employers, prolonged tribunal proceedings can mean extended management time, legal cost and uncertainty. For employees, delay can mean prolonged stress and uncertainty at a time when they may already be dealing with the loss of employment or a breakdown in workplace relations.

However, these are currently only proposals. Even so, the debate highlights an important point that employment disputes are becoming more complex, and both businesses and individuals benefit from taking early advice, understanding the strengths of a case, and exploring settlement wherever appropriate.

How can we help?

If you are dealing with an employment dispute, whether as an employer or an employee, obtaining clear legal advice at an early stage can make a real difference. If you would like practical guidance and legal advice to resolve the claim then our team are here to help you take the right steps with confidence.