The employment tribunal system has a problem: an enormous backlog. 3CS is finding that longer tribunal hearings are now being listed for as late as 2029 and even 2030, worse than it ever has been. How has this critical situation arisen and what can be done about it?
Recent figures show that the employment tribunal system is failing to cope with current case levels, with years-long delays in some cases before scheduled hearing dates. Waiting times for hearings are frequently 12 to 18 months, while some of those with more complex cases that will require multi-day hearings may not have a date for four or five years, with some hearings already scheduled for 2030.
The Work Rights Centre, a charity that helps with access to employment justice, published a report, Employment Tribunals in crisis: The blind spot in the ‘New Deal for Working People’, which notes there were over 65,000 employment cases awaiting judgment as at December 2025. This is an increase of 43% in twelve months.
And it’s not just hearings that are affected. Routine administration of cases and case management by tribunals has also greatly suffered.
The problem is set to get worse with the implementation of the Employment Rights Act 2025, which grants more legal protections to workers and will mean even more claims in the system.
What is causing the current employment tribunal delays?
Successive years of government underfunding has meant a poorly resourced justice system, not helped by the Covid-19 pandemic. Lockdowns and social distancing requirements in 2020 and 2021 created a huge backlog of outstanding claims that the tribunal system has struggled to clear.
Despite an increase in demand, the Justice Secretary has reduced employment tribunal capacity. The Bureau of Investigative Journalism reports that this year there is funding for 34,590 days, which is 1,000 fewer than two years ago.
The government estimates that the ERA could cause a further increase in employment tribunal cases of 6,900 cases each year.
Employees attempting to represent themselves also have the capacity to slow the system. Where claimants use AI to help with case preparation, the result can be pages and pages of paperwork, including every possible angle for their case, rather than a concise application.
This means those hearing employment tribunal applications have far more documentation to work through in each case.
Ministry of Justice response
The Ministry of Justice says: “We recognise the pressures on employment tribunals, and we’re taking action to bring down the backlog, drive efficiencies and ensure swifter justice.
“That includes maximising sitting days, recruiting more employment judges, using virtual hearings where appropriate, and investing in new digital systems.”
Reform?
More and more employment lawyers are coming to the view that radical change is now needed to reduce the pressure on tribunals. The Employment Lawyers Association, a body set up to promote the best practice of employment law, has recently proposed a ‘track’ system, with low-level cases dealt with by officers in the tribunal system while leaving more complex cases to judges.
Others propose a strong ‘sift’ procedure so that hopeless or speculative claims are weeded out at an early stage, as they are in the Employment Appeal Tribunal.
The government has not announced any plans to reform the tribunal system in these more radical ways.
How employers can avoid employment tribunal cases
Tribunal claims are generally best avoided if possible.
Having clear and robust policies in place can reduce the incidence of disputes. Ideally, managers should be aware of how to identify problems early on and the steps that need to be taken to manage matters efficiently. Ensuring that employees feel their issues are being taken seriously can go a long way towards avoiding legal action.
Should an issue arise, taking legal advice early on will give employers the best chance of resolving matters without it ending up in litigation.
Whether or not litigation starts, negotiations can take place at any time to try to find an acceptable solution, such as a settlement agreement.
Governments have tried to encourage settlement of claims in various ways. The current method is to require claimants in all tribunal cases to first go to early conciliation, a service given by Acas (a State organisation established to resolve work disputes). If parties are serious about settlement, time and costs can be saved by settling a claim at that stage.
Another method is judicial mediation, which is a free service offered by the tribunal to settle cases without a hearing. Alternative private forms of dispute resolution can also be used.
How 3CS can help
Our expert employment solicitors can provide expert advice and guidance in dealing with employment disputes, reducing the risk of claims from staff.
For advice or guidance in respect of the new rules, please get in touch.
