Justice delayed is justice denied: new figures paint depressing picture of employment tribunal system in crisis

Government figures for July to September 2025 confirm what every employment lawyer already knows. Claims have reached record highs, the system can't cope and it is taking far too long to get the matter before a judge. 

Currently, there are more than 515,000 open cases in the system and that's likely to increase as new claims outpace disposals.  

Rising caseload and slowing disposals

During the three-month period, tribunals received 26,000 new claims, split between 12,000 single claims and 14,000 multiple claims grouped into 630 lead cases. Only 10,000 claims were resolved, meaning the gap between receipts and disposals widened further. 

Compared with the same quarter last year, single claim receipts rose by 33%, while disposals fell by 10%. Multiple claim receipts dipped slightly, but disposals didn't keep pace. 

This imbalance has driven a sharp increase in open cases, up 33% for single claims and 12% for multiple claims over the year.

Unfair dismissal dominates

Unfair dismissal remains the most common issue, accounting for 23.7% of new claims (4,766 cases). Disability discrimination and unauthorised deduction of wages follow closely at 14.8% and 12.2% respectively. Discrimination claims overall now represent 35% of all cases, an increase of around six per cent. There's also been notable rises in the numbers of whistleblowing, disability and sex discrimination claims.

What employers should do?

It's not unusual for, even relatively straightforward cases to take over a year to reach a hearing and we are already having cases listed for 2028.

That's likely to get worse. Once in force, the Employment Rights Bill will introduce significant new rights, give claimants' more time to bring claims and reduce the qualifying period for unfair dismissal to six months.

One way to prepare is to upskill your line managers. They need to understand the key aspects of employment law in order to reach legally compliant decisions. 

Our online Back-to-Basics training gives your line managers the tools they need to handle day-to-day challenges confidently. We have a number of modules - including how to handle investigations and disciplinary hearings. We also have online training on sexual harassment - including a specific module designed specifically for line managers.

You can find out more about these in our brochure. Please speak to Gordon Rodham or Jenny Arrowsmith if you need more information. 

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