The Employment Tribunal system is under significant strain, and the impact is being felt by employers across the UK. Cases that once moved through the system in a matter of months are now taking far longer, with some hearings being listed several years into the future. For businesses trying to manage risk, budgets and people, these delays create real challenges.
How long are claims taking?
Recent figures from the Ministry of Justice show that the number of outstanding claims has risen sharply. Single‑claim backlogs are now at their highest recorded level. As a result:
- Many claimants are waiting a year or more for a final hearing.
- Complex cases: particularly discrimination and whistleblowing matters, are facing even longer delays.
- In some regions, especially London and the South East, hearings are already being scheduled for 2029 and beyond.
For employers, this means disputes continue for far longer than expected, often with little certainty as to when they will be resolved and concluded.
Why are there delays with Employment Tribunals?
The pressures on the tribunal system are the result of several long‑running issues rather than a sudden rise in meritless claims being issued.
Complex disputes
Modern workplace issues frequently involve multiple allegations, different legal considerations and extensive evidence. These cases require longer hearings and additional judicial time.
Judicial resources
Although the number of claims has increased, the number of judges and available sitting days is disproportionate and has not kept pace. This disparity is particularly acute in high‑volume regions.
Recent and upcoming legislative changes are expected to generate further claims. Without investment in the tribunal system itself, the backlog is unlikely to improve.
What does this mean for employers?
- Extended timelines create several practical and commercial risks and expose employers to reputational risks for longer
- Uncertainty lasts longer; disputes remain unresolved for years causing additional stress.
- Key witnesses may leave, retire or forget important details.
- Management time increases, often in multiple waves as the case progresses, distracting from core business functions and also creating operational inefficiencies.
- Settlement dynamics shift, with time and cost becoming major drivers to avoid prolonged uncertainty.
- Costs increase with many claimants using AI tools to build their case, resulting in more document-heavy cases and irrelevant evidence being disclosed and relied on.
For employees, the delays can be financially and emotionally draining, which in turn can create a potential barrier to justice and influence how they approach settlement discussions.
What can be done now?
To account for anticipated legal changes and to mitigate the consequences of delays, employers can take steps to manage risk and maintain control.
Many disputes can be resolved before they escalate. Strengthening internal resolution processes and seeking early guidance helps identify realistic outcomes, assess exposure and allows a party to potential litigation to consider alternatives such as conciliation, settlement or mediation.
If a claim proceeds, early organisation and preparation is essential. Identifying the merits of a potential claim at an early stage, narrowing the issues, identifying witnesses, preserving documents and ensuring evidence relied upon by unrepresented claimants is strictly relevant to the claim or defence, where Artificial Intelligence has been relied on, can significantly reduce the impact of long delays.
With hearings years away, settlement discussions are increasingly focused on certainty and saving cost and time. A pragmatic approach can often deliver a better outcome than waiting for a distant final hearing.
If you are dealing with an ongoing claim or want to reduce the risk of future disputes, the Employment Team at Ellisons can provide clear, practical advice tailored to your organisation. Our specialists can support you at every stage, from consideration of early strategy and dispute resolution including early conciliation or settlement and general case management in the employment tribunal.
For further advice, please contact the Ellisons Employment Team.
