Employment Tribunal Backlog Nears 60,000

The employment tribunal system in England and Wales is facing renewed pressure, with the backlog of single claims expected to exceed 60,000 shortly. Recent National User Group minutes show that both the volume and complexity of claims have increased significantly, creating longer waiting times and greater uncertainty for employers and employees.

Employment Tribunal: Rising Claims and a Growing Backlog

Single claim receipts are now at their highest level since the pandemic. The average number of single claims received each quarter has risen from around 7,800 in 2022/23 to approximately 12,500 in 2025/26, representing a 60% increase. As a result, the outstanding single-claim caseload has grown from 33,000 in Q2 2023/24 to 58,000 in Q3 2025/26.

The pressure is not simply a matter of more claims entering the system. The nature of those claims has also changed. Complex “open track” claims, which typically include discrimination and whistleblowing allegations, now account for around 61% of single claims nationally and close to 70% in parts of London. By comparison, 15 to 20 years ago, such claims made up around 20–25% of single claims.

This shift matters because open track cases take longer to manage and hear. They often require multiple preliminary hearings, more detailed case management, larger bundles, and longer final hearings. As these claims take up more tribunal time, the system’s ability to dispose of cases reduces, causing the backlog to grow further.

The latest data also shows a widening gap between receipts and disposals. In Q3 2025/26, around 13,000 single claims were received, while only 5,700 were disposed of. This imbalance means that even where tribunal resources remain active, the volume and complexity of incoming work is outpacing the system’s ability to resolve cases.

Regional pressure is particularly acute in London and the South East, which together receive around half of all employment tribunal cases in Great Britain. Recruitment of salaried employment judges has not fully met demand, especially in London. A 2025 recruitment exercise aimed to fill 36 full-time equivalent salaried judge vacancies but is expected to deliver only 25.5 FTE appointments, with the shortfall concentrated entirely in London.

Waiting times reflect this strain. While shorter hearings in many regions can still be listed in 2026 or 2027, longer hearings are increasingly being pushed further ahead. Five-day hearings in London South are now being listed into the first half of 2029, while some longer hearings in London and the South East are also facing dates in 2028 or 2029.

Acas is also experiencing record demand. Between April 2025 and February 2026, it received more than 135,000 Early Conciliation notifications and is on course for around 150,000 in the year, the highest level recorded. The current allocation queue for conciliators is around five weeks, adding a further period of uncertainty before some disputes even reach the tribunal stage.

The Employment Rights Act 2025 is expected to add further pressure. Changes including extended tribunal time limits and a reduced qualifying period for unfair dismissal will widen access to claims. As more employees become eligible to bring claims, and as the time window for doing so expands, tribunal and Acas demand is likely to remain high.

Ramifications For Employers

For employers, the implications are significant. Workplace disputes are increasingly likely to become long-running liabilities, with costs accumulating over several years. Delays may prolong management involvement, increase legal spend, and make settlement strategy more complex. Cases may also become harder to defend where documents, witnesses, and recollections weaken over time.

The practical response is early risk management. Employers should ensure contracts, policies, disciplinary procedures, grievance processes, and equality practices are up to date and consistently applied. Particular care should be taken in cases involving disability, neurodivergence, whistleblowing, dismissal, and pay disputes, as these areas are prominent within current tribunal trends.

The backlog is therefore not simply an administrative problem. It reflects a tribunal system dealing with higher claim volumes, more complex litigation, constrained judicial capacity, and expanding employment rights. For employers, the key lesson is clear: preventing disputes, managing them early, and keeping robust records are now more important than ever.