The Employment Lawyers Association called on the Government to allocate resources for tribunals before Employment Rights Bill becomes law, which could be in autumn 2026.
HM Courts and Tribunals Service has released new figures for April 2024 to March 2025. The data shows that the number of employment tribunals (ETs) received increased by 23 percent, reaching 42,000. The single ET cases increased by 32 percent, since receipts exceeded dispositions in the past year.
According to figures released by last month, there are currently about 450,000 people waiting for their claims to be resolved.
Sixty percent of all claims were filed in four jurisdictions: unfair dismissal (22%), breach of contract (14%), discrimination based on disability (13%) and unauthorized deductions (12%).
Caspar Glyn, Chair of the ELA said: “The figures of the past are real concerns, but even more concerning is the future.”
“Unfair dismissal claims make up 22% of all cases, but an employee must wait two years before filing a claim.
The evidence is conclusive. “The tribunal cannot cope with rising employment litigation.”
The new Bill being considered by the House of Lords includes a reform that allows employees to file claims from the day they start work, as opposed to the current two-year system. Glyn warned this could lead to the tribunal system “drowning under the weight” of increased litigation.
In Wednesday’s Spending Review, Chancellor Rachel Reeves announced a PS7-billion allocation for the Ministry of Justice. Up to PS450-million will be invested in court systems to reduce delays at all criminal courts.
Glyn K.C. said that unless a significant portion of the funding goes to the employment tribunal and not just the criminal courts, the new rights are illusory.
The ELA demanded that more judges sit on more days in order to reduce the backlog and to increase funding for the Tribunal.
The senior barrister said, “The government runs the risk of introducing new rights for employees but enclosing these rights behind a system that delays justice.
At the Acas Conference last month, Justin Madders, the Employment Minister, promised that more judges would be added to the system. A scheme was launched in order to encourage former justice professionals to return to their profession.
Pete Colby, the founder of the mediation firm Pragmatism , told Personnel Today this week the ministers were approaching the issue in the wrong way and that instead of investing in hearing claims, investments needed to be made into mediation and conciliation. He said that most of the claims that reach tribunals can be resolved without legal intervention.
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