Employment Tribunal Delays Worsen as backlog Grows

Recent figures published by the Ministry of Justice highlight a growing and concerning trend that employment tribunal backlogs are continuing to rise, leading to significant delays for both employers and individuals bringing claims.

At the end of March 2026, there were 64,000 open single claims, compared to 45,000 the previous year, a 42% increase. In addition, there are around 531,000 outstanding claims overall when multiple claims are included.

This sustained rise reflects a system under pressure, with new claims continuing to outpace the number of cases being resolved. The practical impact is clear: disputes are taking longer, often significantly longer, to reach a conclusion.

So, what does this mean in practice for employers and individuals navigating the tribunal process?

The impact on employers

Disputes are now long-term issues

Employment tribunal claims are increasingly stretching over extended periods. What was once a relatively contained process can now last 12–24 months or more, particularly for complex cases involving discrimination or whistleblowing.

This means disputes can no longer be treated as short-term issues, they require ongoing management.

Increased cost and resource burden

Longer cases inevitably bring greater cost. Employers may face:

• Ongoing legal fees
• Repeated management involvement at various stages
• Increased internal resource demands

Even where the legal merits of a claim remain unchanged, the cost of defending it often increases as the process continues.

Evidence becomes harder to manage over time

Delays can weaken the quality of available evidence. Over time:

• Key witnesses may leave the business
• Memories fade
• Documentation becomes more difficult to locate or interpret

This can create additional risk, particularly in cases where credibility and detail are central to the outcome.

Settlement considerations are shifting

In a delayed system, settlement becomes a more prominent consideration. For some employers, the commercial reality of time, cost and uncertainty may make early resolution more attractive.

At the same time, drawn-out proceedings can complicate negotiations, particularly where positions become entrenched.

Ongoing business and reputational impact

Unresolved disputes can remain “live” for prolonged periods, creating continued distraction for senior teams and potential reputational risk if matters become public.

The impact on individuals bringing claims

Delayed access to justice

For claimants, the most immediate consequence is time. It is now common for cases to take many months, and in some instances years, to reach a final hearing.

This can delay closure and prolong uncertainty following workplace disputes.

Financial pressure

Where a claim relates to loss of earnings, delayed hearings can result in extended periods before any award or settlement is received. This can create additional financial strain for individuals relying on the outcome of their claim.

Emotional and personal impact

Tribunal proceedings can already be demanding. Longer timelines can increase the emotional burden, making it more difficult for individuals to move forward.

The Law Society has warned that these prolonged delays are likely to take a “high toll personally and financially” on those involved.

Preparation becomes even more important

With extended timelines, strong preparation at an early stage is critical. Gaps in evidence or inconsistencies in a claim can become more problematic as time passes, making early organisation key.

Managing tribunal claims in a delayed system

While the backlog itself is outside the control of those involved in claims, there are practical steps both employers and claimants can take to manage risk and maintain control of the process.

Focus on early resolution where possible

Given the length of tribunal proceedings, resolving disputes at an early stage can often be the most pragmatic outcome. This may include:

• ACAS early conciliation
• Without prejudice discussions
• Mediation or negotiated settlement

Avoiding a final hearing can save significant time, cost and uncertainty.

Get the fundamentals right from the outset

For employers, this means having:

• Clear and consistent procedures
• Timely and thorough investigations
• Well-documented decision-making

For claimants, it includes:

• Keeping accurate records of events
• Seeking advice at an early stage
• Presenting a clear and structured case

Preserve evidence early

Both sides should identify and secure key documents and witness evidence as soon as possible. Relying on recollection months or years later carries obvious risks.

Plan for the long term

Tribunal claims should now be approached as longer-term processes. This requires realistic planning around timescales, costs and internal or personal commitment.

A shifting landscape

The continued growth in tribunal backlog reflects a wider shift in the employment landscape. With demand increasing and further legislative change expected to drive additional claims, pressures on the system are unlikely to ease in the short term.

For both employers and individuals, the key takeaway is that delays are now a defining feature of the tribunal process, and proactive, strategic management of disputes is more important than ever.

How we can help

Whether you are dealing with an ongoing employment dispute or seeking to minimise risk within your organisation, our employment team can provide clear, practical advice tailored to your circumstances.

If you would like to discuss any of the issues raised in this article, please get in touch with a member of our Employment Team.