The staggering rise in employment tribunal backlogs reached new heights this week, with the open caseload for single claims surging past 70,000 and lawyers saying hearings are being allocated for 2029.
The latest employment tribunal statistics for the period from April to June this year shows that the number of open single cases had risen by 9% to the highest level since records began.
While the tribunal managed to dispose of 6,100 single claims during the quarter, this was more than offset by the 14,000 claims coming into the system.
There were also 500 lead multiple cases received and 380 cases disposed of, with the number of multiple cases by the end of June standing at 467,000.
Michelle Morgan, head of employment at south east firm Gardner Leader, said that despite attempts to build capacity, the government is failing to adequately resource an already overstretched system, leaving both employees and employers trapped in the process.
She added: ‘While London has traditionally been regarded as having the longest tribunal delays, we are now seeing cases outside the capital being listed as far ahead as December 2029.
‘At the same time, some claims are still reaching hearings within a matter of months. The result is a postcode lottery, with outcomes depending as much on geography as on the merits of a case.’
Read more
The problem could potentially become worse next year, with the eligibility for making an unfair dismissal claim for most employees reducing from two years to six months.
The House of Lords constitution committee, during the passage of the Employment Rights Bill (now an act), noted the government’s own assessment that there was already a backlog, with waits of about a year, and that extending time limits was likely to add pressure.
The committee said that ‘a potential increase in the number of claims seeking redress in employment tribunals combined with the extension of applicable time limits could have a significant impact on the existing backlogs in the employment tribunals and therefore on the constitutional principle of access to justice’.
Justice minister Sarah Sackman, responding to a written parliamentary question last October, admitted that the legislation would increase demand in the employment tribunal, but said this would be addressed by additional judges, new case management systems and the use of remote hearings.
Chloe Grant, senior associate with Bellevue Law, said this increasing demand would exacerbate other issues causing cases to rise.
‘Growing awareness of employment rights, combined with AI-powered tools and easier access to legal information, mean it is easier than ever for individuals to identify and pursue potential claims,’ she said. ‘Taken together, these developments risk creating a perfect storm for a system that is already struggling to keep pace.’






















No comments yet