Employment tribunal cases could face delays

Roy Magara, Solicitor Advocate and founder of Magara Law, has raised concerns about the impending changes to the Employment Tribunal system and the record number of outstanding claims. With the Government set to double the time limit for bringing most claims from three months to six months on 1 October 2026, a staggering 70,000 single Employment Tribunal claims currently remain unresolved. This change aims to improve access to justice by allowing more time for employees and employers to resolve disputes but comes amid a growing backlog of cases. Ministry of Justice figures highlight the severity of the situation, revealing that between April and June, the tribunal received over 14,000 single claims while only managing 6,100 disposals.

Magara, who is actively representing clients embroiled in various claims including sexual harassment and constructive dismissal, highlights the delays faced by many. "Three months is a very short period of time when somebody has just lost or left their job,” he stated. As his firm contends with preliminary hearings postponed and lengthy waits for new dates, Magara expressed concern that while the extended time for claim submission is beneficial, it could exacerbate delays within the tribunal itself. With some hearings already being scheduled for 2028, 2029, and even 2030, the repercussions of the tribunal's backlog are being felt by all involved.

The evolving landscape of AI representation further complicates the matter. More individuals are using AI to assist with their claims, which generates vast amounts of documentation for lawyers to sift through. The average witness statement, which once spanned three pages, now often stretches to twenty, leading to increased workloads and legal complications for all parties. “AI has done wonders for access to justice because people can put information together in a way they couldn't necessarily do before,” Magara remarked. However, this influx of material often creates unrealistic expectations regarding compensation amounts, making negotiations more challenging.

While the Government believes the extended time frame will facilitate resolution before cases reach court, Magara argues that it offers little relief for the existing backlog awaiting adjudication. The need for improvements to resource allocation and recruitment of judges remains critical. Recognising the pressing need for mediation early on, he emphasised the role of timely intervention to prevent disputes from escalating into formal grievances or disciplinary actions.

Roy concluded, “There isn't a quick fix. The Tribunal is trying to secure the resources and recruit judges, but we're already getting cases listed years into the future.” As the landscape of Employment Tribunals shifts, the interaction between procedural changes, AI technology, and unresolved claims will significantly impact the future efficacy of the system.