Employment tribunal crisis requires urgent reform

A recent study by the Bureau of Investigative Journalism, in collaboration with the Work Rights Centre, reveals alarming delays in the Employment Tribunal system, with some workers receiving hearing dates as far out as 2030. Fudia Smartt, an Employment Law partner at Spencer West LLP, comments on the situation, stating that “the backlog has created a great deal of uncertainty for both employers and employees as it is taking years for cases to reach a final hearing.” This unprecedented backlog not only challenges employees seeking justice but also emboldens employers to adopt more aggressive stances, knowing that potential claims might languish for years in the system. Smartt highlights the practical consequences, illustrating a case where an employee dismissed in 2024 may not see a final hearing until 2028.

The data reveals a troubling trend. As of December 2025, there were 65,117 open cases awaiting resolution, marking a 43% increase in just a year. Regions such as London South and Central are particularly affected by unsustainable delays, placing concern over the fairness of hearings and ultimately shaking faith in the legal system. Vulnerable groups, including migrant and unrepresented claimants, are disproportionately harmed by these setbacks.

In light of this dire situation, experts point to several contributing factors. The system is under-resourced, with the number of judges down 19% since 2022, while the demand on their time has surged as they grapple with increasingly complex cases. Smartt notes that “unless a major intervention occurs, the backlog will only get worse,” warning of the ripple effects across the employee landscape. Furthermore, the recent Employment Rights Act 2025 is predicted to exacerbate the backlog by increasing case filings by 18%.

Addressing these systemic issues requires urgent reform. Suggestions include better resource allocation for the judiciary, enhanced case management practices, and measures for early intervention to allow for resolutions before final hearings. There is also a call for the Fair Work Agency to expand its remit to streamline processes.

Without immediate and impactful reforms, the employment tribunal system risks further diminishing access to justice, leaving many employees unable to enforce their hard-won rights. Such a collapse could have long-lasting implications for workers across England and Wales, necessitating concerted action now to prevent further escalation of the crisis.