Employment Tribunal Backlogs in the UK

Growing Pressure on the UK Employment Tribunal System

As most employers will be aware, in July 2017, Employment Tribunal fees were abolished. This came after the Supreme Court ruled that the fees were unlawful and an infringement on the right to access justice.

There have been consultations (most recently in January 2024) to reinstate fees for a Claimant to bring an employment tribunal. Since the removal of fees there has understandably been a significant increase in the number of tribunal claims brought.

Eight years after the removal of fees, there is still a noticeable increase in the number of claims being brought each year.

The extent of the problem in Employment Tribunals in 2025

The government makes available each quarter, statistics of the number of claims in comparison to previous years. The most recent report for the period of January to March 2025 shows that His Majesty’s Courts and Tribunals Service (HMCTS) recorded:

• 11% year-on-year increase in new tribunal claims (total receipts)
• 9% year-on-year increase in concluded claims (total for disposal)

In total, this resulted in a 14% increase in open caseload to 745,000 at the end of period. Data published by the Ministry of Justice in March 2025 showed that there were 43,000 open single case tribunal claims in the last quarter of 2024. By comparison the last quarter of 2023 saw 33,000 single case tribunal claims.

The increase in wait times for UK Employment Tribunals

The continuing increase in claims is causing a significant increase in the wait times for employment tribunal claims to be heard. According to Ministry of Justice data, the average wait time for a single claim of unfair dismissal or discrimination at tribunal is around 12 months. Where a claim has additional complexities or the claimant is raising multiple claims, this is likely to be significantly longer.

Delays in tribunal proceedings can be incredibly frustrating for employers and this can be draining on both an employer’s time and funds. Another major concern is that the significant timeframe between the alleged act occurring and a final hearing is that witness evidence becomes less reliable over time.

It is also possible that witnesses can leave employment during the tribunal process leaving employers without the benefit of important witnesses.

What is the UK government doing to address the problem?

We have covered steps the UK government is taking, particularly around its focus on economic growth, in this guide. Steps include changes to tribunal hearing capacity, recruiting judges and tribunal members, and a proposed extension to the time limit for bringing tribunal claims.

What can employers do to combat the issue of Employment Tribunal delays?

1. Identify Key Witnesses Early

Ensure that witnesses are identified as soon as a claim is lodged so that the employer is aware of who is likely to be needed should an employee tender their resignation. If an employee leaves employment, employers could look to agree with the employee that they will still provide witness evidence.

2. Obtain Witness Statements Promptly

Obtain statements from witnesses early in the process. Whilst the exchange of witness statements is usually one of the later directions ordered by the tribunal and the statements would be finalised at this point, it is good practice to obtain statements early in the process whilst an event is fresh in the mind of a witness to avoid them not being able to remember key details at a later date.

How Napthens Supports Clients in Employment Tribunals

Our dedicated Employment Litigation team of solicitors supports clients in employment tribunals. Options include ad-hoc tribunal work, retained work with tribunal top-ups, and even insurance options to protect you against tribunal claims.

Contact us via our form to speak with an expert.

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