The latest release of Tribunal Statistics Quarterly has revealed that the backlog in the employment tribunal had reached almost 50,000 by the end of 2024
Employment Tribunal Backlog
The statistics show that there were 43,000 open single cases and 6,800 open lead multiple cases in the employment tribunal system at the end of 2024. The total of 49,800 represents an increase of 27.69% compared with a year earlier, where the backlog stood at 39,000.
The report also found that:-
- The number of open single cases increased from 33,000 at the end of 2023 to 43,000 at the end of 2024, an increase of 10,000 (30.3%)
- The number of lead multiple cases increased from 6000 at the end of 2023 to 6,800 at the end of 2024, an increase of 800 (13.33%)
- The total number of claimants within the backlog of single and multiple claims increased from 464,000 at the end of 2023 to 467,000 at the end of 2024, an increase of 3,000 (0.65%)
- The employment tribunal service received 11,000 new single cases and 440 new lead multiple cases during Q3 2024/25, and disposed of 9,600 single cases and 530 lead multiple cases during the same period
Backlog Likely To Get Worse
With sweeping employment reforms on the horizon, including the Employment Rights Bill, the situation within the employment tribunal is only likely to worsen before it improves. Moreover, the Judicial Attitude Survey reported that 59% of first-tier employment tribunal judges stated that their workload was too high.
Contributory Factors
Factors that have contributed to this mounting crisis include the following:-
- A severe lack of qualified employment tribunal judges has left both Claimants and employers facing lengthy waits—often over a year—for their day in tribunal. In some areas, delays can stretch to two years or more
- The abolition of tribunal fees in 2017 has had a lasting impact. Previously, Claimants faced charges ranging from £390 to £1,600; with the removal of these barriers, case numbers surged. The disruption caused by the COVID-19 pandemic further exacerbated delays as hearings were postponed or rescheduled at short notice
- Growing economic pressures and increased employee awareness of their rights have fueled more claims. There has also been an uptick in complex cases such as discrimination or whistleblowing claims - which require preliminary hearings and extended schedules - further slowing case progression
- While intended to simplify processes and improve access to justice, the changes included within the Employment Rights Bill and other new employment law legislation (i.e. day one rights, the extension of time limits, and a broader definitions of worker status) will likely trigger a surge in new claims - potentially overwhelming an already stretched system.
Impact
The backlog isn’t just an administrative headache; it has real consequences for people and businesses:-
- Uncertainty: Both employers and Claimants are left in uncertain situations for months - or even years - which can be especially damaging for small and medium-sized enterprises (SMEs) with limited resources.
- Evidence Erosion: As time passes, memories fade and witnesses move on, making it harder for parties to recall crucial details or provide reliable testimony.
- Financial Burden: Employers dedicate significant time and resources - an average of nearly five weeks per claim - to managing tribunal processes.
- Access to Justice: Long waits can deter legitimate claims or encourage premature settlements simply to avoid further delay.
Reform Required
To address the growing backlog in the employment tribunal, the Government needs to provide additional funding, more judges need to be appointed, and tougher measures need to be implemented to not only prevent frivolous and vexatious cases from from being brought, but to filter them out as soon as possible once they hve been issued
In the meantime, employers should:-
- Update all procedures to reflect upcoming employment law changes
- Train managers to provide them with the skills required to handle issues effectively before they escalate
- Take witness statements early while memories are fresh
- Track internal disputes closely so recurring issues can be addressed proactively
