Employment tribunal backlog soars past 70,000 as hearings listed for 2029

Record employment tribunal backlog revealed

The latest employment tribunal statistics for April to June 2026 show the open caseload for single claims has surged past 70,000, the highest level since records began. The tribunal disposed of 6,100 single claims during the quarter, but that was more than offset by 14,000 new claims coming into the system.

There were also 500 lead multiple cases received and 380 disposed of, leaving the number of multiple cases outstanding at 467,000 by the end of June.

The figures underline the scale of the employment tribunal backlog and the pressure on a system that employment lawyers say is struggling to keep pace with demand. For a venue designed to deliver relatively swift resolution of workplace disputes, the current trajectory is unsustainable.

Why the backlog is growing

Employment tribunal delays are not new, but the latest statistics show the problem accelerating. The 9% rise in open single claims comes at a time when both employees and employers are increasingly willing to bring disputes to a tribunal rather than settle privately.

Several factors are feeding the increase. Growing awareness of employment rights, partly driven by media coverage and online information, means more workers recognise when they may have a claim. The expansion of claims for issues such as harassment, discrimination and unfair dismissal has also broadened the range of disputes reaching the tribunal.

At the same time, funding pressures and staffing constraints have limited the system's ability to expand capacity in line with demand. The result is a widening gap between the number of claims submitted and the number of hearings that can be held.

Chloe Grant, senior associate with Bellevue Law, said AI-powered tools and easier access to legal information mean it is easier than ever for individuals to identify and pursue potential claims.

"Taken together, these developments risk creating a perfect storm for a system that is already struggling to keep pace," she said.

The mismatch between incoming claims and disposed claims is the central driver of the backlog. With 14,000 single claims arriving in the latest quarter and only 6,100 resolved, the net increase means waiting times are lengthening even when disposal rates remain steady.

Regional delays and the "postcode lottery"

One of the most striking features of the current crisis is the variation in waiting times across the country. While London has traditionally been seen as the region with the longest tribunal delays, lawyers now report cases outside the capital being listed as far ahead as December 2029.

Michelle Morgan, head of employment at south east firm Gardner Leader, described the situation as a "postcode lottery", with outcomes depending as much on geography as on the merits of a case.

"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," she said.

"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."

That uneven distribution of tribunal hearings raises serious questions about consistency and fairness in the employment justice system. A claimant in one region may wait years longer than a claimant in another for essentially the same type of dispute to be heard.

Employment Rights Act changes set to add pressure

The backlog is expected to come under further pressure from changes introduced by the Employment Rights Act. The most significant for tribunal demand is the reduction in the qualifying period for unfair dismissal claims from two years to six months for most employees.

The change is expected to bring thousands of additional unfair dismissal claims into the tribunal system each year. Employees who previously fell outside the two-year threshold will now be able to challenge dismissals they believe were unfair.

The House of Lords constitution committee, during the passage of the Employment Rights Bill, 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 warned 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.

What employment lawyers are saying

The legal profession has responded to the figures with alarm. Brett Dixon, vice president of the Law Society, said it was "alarming" to see employment tribunal backlogs continuing to rise.

"These figures demonstrate that demand continues to outstrip the system's capacity to deal with cases. As delays grow, both workers and employers are being forced to wait longer for the resolution of often life-changing disputes," he said.

"Without action to increase capacity and reduce waiting times, tribunal backlogs will inevitably continue to grow, particularly as recent employment reforms are expected to increase demand on the tribunal system."

Employment lawyers have also pointed to practical problems caused by the delays. Evidence can go stale, witnesses become harder to trace, and the stress on parties increases as cases drag on. For businesses, unresolved claims create uncertainty and can affect insurance premiums and reputation.

Could mediation and early conciliation ease the pressure?

With tribunal hearings so far in the future, attention is turning to alternative ways of resolving disputes before they reach a hearing. Early conciliation through Acas remains a mandatory first step for most claimants, and a successful conciliated settlement can remove a case from the system entirely.

There have also been proposals for compulsory mediation and a small claims track for lower-value employment disputes. Supporters argue that diverting straightforward cases away from full tribunal hearings would free up judicial time for more complex matters.

Critics caution, however, that mediation is not appropriate for every case and that any new track must preserve the right to a fair hearing. They also warn that shifting cases to alternative routes does not remove the need for sufficient judges, administrative staff and hearing rooms.

Our view: access to justice at risk

The employment tribunal backlog is more than an administrative problem. It is a threat to access to justice. When hearings are listed four years into the future, witnesses forget details, evidence becomes harder to gather, and the practical value of a remedy diminishes.

For claimants, long delays can mean financial hardship and prolonged uncertainty. For employers, unresolved disputes tie up management time and create open-ended risk. Neither outcome serves the interests of justice.

The government's response so far has focused on capacity: more judges, better case management systems, and remote hearings. Those measures may help at the margin, but they are unlikely to close the gap between 14,000 incoming single claims and 6,100 disposals per quarter.

Employment lawyers, HR professionals and business groups will be watching closely. Without a more decisive intervention, the employment tribunal system risks becoming a place where cases go to wait rather than to be resolved.