Law firm reveals growing justice gap

An employment firm has warned of a widening justice gap in the legal system, as just 4% of race and sex discrimination claims in the workplace are successfully upheld at tribunals. This stark figure is particularly disheartening in light of the fact that employment tribunal cases have more than doubled in England and Wales over the past seven years, jumping from 17,000 cases in 2017 to over 34,000 in 2024.

Lawyers are raising concerns that the statistics reflect a legal system struggling to ensure fairness for workers, despite more individuals stepping forward to challenge unfair treatment. The Don't Divide Us Equality Act Report 2025 reveals that only 3% of discrimination claims are upheld in full, with an additional 11% partially upheld. Roy Magara, Employment Solicitor Advocate and Founder of Magara Law, stated, “More people are coming forward to challenge unfair treatment at work, but the legal system is delivering results for only a handful,” further noting, “It’s leaving employees disillusioned and employers exposed to repeat disputes.”

Discrimination claims related to race and gender are especially vulnerable, with only 3.8% of race discrimination cases and 4.2% of sex discrimination cases fully upheld, as well as 5.4% of pregnancy or maternity claims. These categories constitute nearly half of all Equality Act claims, showcasing a concerning trend where employees are willing to contest unfair treatment, yet tribunal outcomes remain largely ineffective. Roy emphasised, “When the groups most affected by workplace inequality are the least likely to succeed at tribunal, we must acknowledge there is a clear gap between legal rights and real workplace justice.”

Despite recognising the foundational role of the Equality Act in workplace fairness, Roy suggested that the current figures indicate the need for more robust workplace policies and fairer processes to fulfil the Act's original intent.

To address this justice gap, Magara Law recommends that employers implement proactive measures to prevent disputes from escalating to tribunals. This includes strengthening workplace policies, offering accessible training for staff and managers, making recruitment and promotion decisions based on objective criteria, and ensuring grievance processes are clear, trusted, and effective. The firm cautions against relying solely on symbolic equality measures and calls for the integration of genuine, legally supported practices into everyday workplace culture.

Additionally, the report underlines the existing pay gaps and a lack of confidence among employees when it comes to raising grievances, indicating that workplace culture continues to fall short of the legal protections established. Roy concluded, “These statistics show the law alone is not enough. Employers who take proactive steps in policy and practice will protect both their staff and themselves. Those who don’t are likely to see more disputes and a continuing justice gap.”