The growing backlog of Employment Tribunals is particularly important for employers to understand. This increases the cost, disruption and risks associated with disputes in the workplace.
Currently, there is a backlog of open claims surpassing half a million. There were 515,000 open claims in total at the end of 2025/2026, including both single and multiple claims. 52,000 single claims were in the open caseload at the end of September compared to 463,000 multiple claims.
This represents a 33% increase in the number of single claims that were open in the same period of 2024/2025. In the second quarter of 2025, there were 26,000 new claims but the Tribunals only managed to dispose of 10,000.
These figures represent the highest levels post pandemic. As a result of the increasing pressure on the Tribunal system, waiting times for longer hearings have extended significantly, with some now being listed into 2028. More complex hearings, such a different discrimination claims and whistleblowing, require more evidence to be presented and therefore, are listed for a longer period of time.
It is hoped that shorter hearings of 1-2 days will be heard by the second half of 2026. For employers, the extended delays mean prolonged uncertainty, resulting in higher litigation fees and further diversion of management time for dealing with unresolved disputes.
Parties are encouraged to settle cases with Acas where possible, however, there is a strain on this system too. Acas received 71,000 requests for early conciliation as at the end of September 2025, which is a 26% increase from the previous year. In addition, Acas report there is currently a five-week delay in allocation cases to a conciliator. Bear in mind also the recent increase in the early conciliation process from six to 12 weeks in December 2025.
Again, this calls for employers to be more proactive in strengthening current policies and procedures, ensuring internal processes mitigate avoidable claims. This, coupled with the Employment Rights Act 2025 which will bring a number of changes over 2026 and 2027, highlights the importance of acting now.
It is likely the upcoming legislative changes will bring an increase in claims, as the Act widens access to unfair dismissal rights. The government estimate a further six million people will gain the right to bring unfair dismissal claims, once the changes come into effect in January 2027.
This information is for guidance purposes only and does not constitute legal advice. We recommend you seek legal advice before acting on any information given.
