Almost a decade since the abolition of Employment Tribunal fees flooded the Tribunal system with cases, the backlog is reaching heights unseen since 2013.
New minutes from the Employment Tribunals National User Group, published last week by the judiciary, show the extent of that crisis. Compounded by a damaging blend of pandemic disruption, new anti-discrimination legislation and the slow creep of Employment Rights Act (ERA) measures, as of December 2025, the backlog is approaching 60,000 outstanding cases.
For employers managing a workplace dispute, that means years of legal uncertainty, mounting costs and management time consumed long before a hearing date is even in sight.
The Backlog is Still Climbing
The system is closing around 5,700 cases per quarter but receiving almost double that. In Q3 of 2025-26, cases reached a post-pandemic high of 13,000. And in London, some hearings aren’t being listed until 2029. Ministry of Justice figures show the open caseload at its highest since 2013. Judge Barry Clarke, President of the Employment Tribunals in England and Wales, was blunt about where the outstanding caseload is headed, warning that it “will soon breach 60,000 and will continue rising.”
Part of the problem, according to the Employment Tribunals National User Group, is a shortage of judges – particularly in London. Last year, a Judicial Appointments Commission recruitment exercise in 2025 sought to fill 36 full-time salaried posts but secured only 25.5 full-time equivalents. Every unfilled post was in London, where the cost of living makes judicial roles difficult to fill – candidates are simply unwilling or unable to commit to working there.
Although a new recruitment drive – the biggest since 2019 – launched on 12 March 2026 aimed to partially remedy that by advertising 55 salaried roles, new judges require significant training before they can take on complex cases independently. Unfortunately, that means relief, on even an optimistic timeline, is far away.
Incoming Claims Are Much Harder to Resolve
It’s not just the volume. The types of claims coming through have changed significantly too – and that’s making the backlog harder to clear.
Fifteen to 20 years ago, “open track” cases – longer and more complex cases usually involving discrimination and whistleblowing – made up around 20–25% of all single claims. Today, that figure stands at 61% nationally, and closer to 70% in London.
The reasons are layered. But among the most significant is the impending impact of the ERA 2025: from October 2026 tribunal claim time limits will be extended from three to six months and from January 2027 the qualifying period for unfair dismissal will drop from two years to just six months and the compensation cap removed – widening both the pool of workers who can bring a claim and the window in which they can do so.
The Worker Protection Act 2023, which came into force in October 2024 and placed a new proactive duty on employers to prevent sexual harassment, also added further fuel, with Acas reporting a 39% rise in sexual harassment enquiries in the first half of 2025 alone. Rights awareness has grown more broadly too, particularly around neurodiversity and mental health, which are increasingly cited as grounds for disability discrimination claims.
Whistleblowing claims, which carry uncapped compensation, have more than doubled year-on-year – rising 102% to 1,796 in Q3 of 2025-26 according to MoJ data. Disability discrimination is now the single most litigated protected characteristic, accounting for roughly half of all discrimination claims.
Acas Is Also Under Record Pressure
Acas – the Advisory, Conciliation and Arbitration Service – which runs the mandatory Early Conciliation process, is feeling the strain too. The first port of call before a case reaches the tribunal, the service requires any employee intending to bring a claim to notify Acas first, giving both parties the opportunity to resolve the dispute before proceedings formally begin.
Between April 2025 and February 2026, Acas received over 135,000 Early Conciliation notifications, already exceeding last year’s full-year total, and is on track for around 150,000 cases this year – the highest on record. Its top three claim types are already unfair dismissal (37,000 cases year to date), wages (28,000) and disability discrimination (24,000).
The allocation queue currently sits at around five weeks just to assign a conciliator. Early Conciliation is time-limited – and while the clock is paused during the process, employers can find themselves in a prolonged period of uncertainty before any meaningful dialogue even begins. For a business managing a live dispute, five weeks of limbo before a conciliator picks up the phone is significant.
With the ERA 2025 further expanding the pool of eligible claimants, Acas expects demand to rise by a further 15–20%.
What This Means for Employers
For many employers today, disputes are becoming multi-year liabilities – with costs accumulating at every stage.
Simon Obee, Employment Hero’s Head of HR Advisory & Senior Legal Counsel, shares some tips that could help to reduce stress later down the line:
- Resolve disputes early. With Acas queues at five weeks and ET hearings potentially years away, resolving issues before they escalate has never been more valuable. Solid grievance and disciplinary processes aren’t just good HR practice – they’re financial risk management.
- Disability and mental health claims are where employers are most vulnerable right now. With over half of discrimination claims now relating to disability, policies, reasonable adjustments and line manager training need to reflect that reality.
- Get ahead of the Employment Rights Act. The qualifying period for unfair dismissal drops to six months in January 2027, meaning a much larger proportion of your workforce will be eligible to bring a claim. As such, it’s best to review your processes now, not after a claim lands.
- Document everything. In a system where claims are getting longer and more detailed, the quality of your HR records matters more than ever.
- Be aware of the Fair Work Agency and its requirements, which can bring tribunal proceedings on a worker’s behalf and provide legal assistance in employment cases. Compliance isn’t just about avoiding a personal grievance – it’s about being audit-ready.
