The latest statistics shows that the employment tribunal backlog has now reached the highest level in a decade, with Claimant's now having to wait 14 months on average for their case to reach a tribunal hearing.
Employment Tribunal Backlog
Prior to the Covid-19 pandemic, the employment tribunal backlog was already on the increase due to a surge in cases following the scrapping of employment tribunal fees in July 2017. As a result of the abolition of tribunal fees, by the end of 2017, for instance, the number of single claims had increased by 90% and the number of multiple claims had increased by 467%. By September 2018, the number of cases had increased by 130% overall.
Nevertheless, the latest official statistics highlight that there has been a substantial increase in the employment tribunal backlog as a result of the Covid-19 pandemic. These statistics show that in the year to March 2021:-
- The number of single cases outstanding increased by 39%
- The number of multiple cases outstanding increased by 13%
- The mean age of disposal increased by 5 weeks from 38 weeks to 43 weeks for single cases
Other evidence nevertheless shows that as at January 2021, the number of oustanding cases had reached 473,142, the highest number that the employment tribunal backlog has reached since 2013, meaning that Claimants now have to wait 14 months on average for their case to reach a hearing. Around 25% of Claimants have to wait in excess of 16 months. Cases last peaked at this level back in 2013, as the introduction of employment tribunal fees in July 2013 led to a fall in the number of cases commenced in the employment tribunal between 2013 - 2017.
According to the statistician compiling the latest official statistics: "Demand for Employment Tribunals is the only jurisdiction that remained substantially above pre-COVID19 level all through the pandemic months. We continue to monitor the rise in receipts, due to the impact this has if court requirements are not eased as quickly as receipts rise. Linked to this risk, time taken to clear cases remains elevated as restrictions put in place due to COVID-19 have meant lower sittings volumes and reduced disposal rates."
The statistician added: "To support access to justice, audio and video technology capability has been increased, enabling judges to conduct remote hearings to a far greater degree."
Reaction
In response to the worsening in the employment tribunal backlog, a spokesperson for the employment tribunal service told the Daily Mirror: "As part of our world-leading response to the pandemic in our courts and tribunals, we are installing new video technology, recruiting more judges and increasing sitting days."
Nevertheless, the Acting Chief Executive of the Citizens Advice Bureau, Alistair Cromwell, told the Daily Mirror that: "Employment tribunals are an essential part of protecting workers’ rights. That’s why sky high waiting times to have a case heard are so worrying. For people going through the system it can mean months of anxiety, with the possibility they’ll withdraw their case altogether."
Cromwell added: "Recent emergency funding from the government is hugely welcome and recognises the scale of the problem. That funding needs to help improve capacity in the tribunal system as soon as possible."
Increased Funding To Deal With Employment Tribunal Backlog
Back in the November 2020 Spending Review, the Chancellor of the Exchequer, Rishi Sunak, announced that there would be an additional £76 million provided for the family courts and the tribunal service in emergency funding, to help deal with the employment tribunal backlog and the problems caused by the Covid-19 pandemic.
In the Autumn Budget and Spending Review presented on the 27th October 2021, the Chancellor increased the budget for the Ministry of Justice by 12%, which represents an increase of £2.2 billion. According to the press release from the Government: "The settlement includes a further £324 million over the next 3 years to improve timeliness in civil and family courts and tribunals. £200 million will complete the flagship £1.3 billion court-reform programme, fulfilling our commitment to a justice system that takes advantage of technology and moves more court processes to quicker and safer online platforms."
