Employment Tribunal delays are becoming part of the dispute

The latest Employment Tribunal statistics for April to June 2026 paint a concerning picture for employers, employees and advisers alike. The open caseload of single claims has reached 70,000, the highest level recorded in the published series and a 51 per cent increase on the same period last year. Single claim receipts increased by 28 per cent, while disposals fell by 6 per cent. During the quarter, tribunals received approximately 14,000 single claims but disposed of only around 6,100. The result is a widening gap between the number of claims entering and leaving the system.

Why is the tribunal system struggling?

The backlog is unlikely to be attributable to any single factor. Instead, it reflects a combination of structural pressures that have developed over several years.

Part of the challenge is the legacy of the Covid-19 pandemic. Significant backlogs accumulated during that period and, despite efforts to improve throughput, many tribunal users continue to experience lengthy waiting times.

At the same time, employment litigation has become increasingly complex. Modern disputes frequently involve multiple causes of action, extensive documentary evidence and substantial witness evidence, particularly in discrimination, whistleblowing and harassment claims. Such cases require longer hearings, more judicial involvement and greater case management than many traditional Employment Tribunal claims.

Demand has also continued to increase. Claims are entering the system more quickly than they can be resolved.

Resourcing remains part of the wider debate. Minutes of the Employment Tribunals National User Group recorded that London and the South East accounted for around 60 per cent of outstanding single claims while accounting for only 30 to 40 per cent of judicial resources. The same discussions highlighted continuing difficulties in recruiting salaried Employment Judges in those regions.

Technology is also changing the nature of tribunal litigation. Many practitioners report a significant increase in the use of generative AI by litigants in person and represented parties alike. While AI can improve access to legal information, it can also generate lengthy submissions, correspondence and applications that require careful review but do not always assist in narrowing the issues for determination. The result can be additional procedural disputes, increased document volumes and a greater burden on parties and tribunals already operating under pressure.

A postcode lottery

Similar claims issued at broadly the same time can progress at markedly different rates depending on where they are brought. In our experience, some claims outside the most congested regions can reach a final hearing within months, whereas in parts of London, the South East and other heavily pressured tribunal centres, parties may face waits extending several years for longer hearings.

The consequence is an increasingly uneven tribunal landscape and what many practitioners now recognise as a postcode lottery. Employers and claimants must consider not only the legal merits of a case, but also how long it is likely to take to reach a hearing and the practical consequences of waiting. Venue, listing practices and the ability to withstand delay can materially influence litigation strategy.