Employment Tribunals in crisis: what's needed to improve access to justice?

However, new research by The Work Rights Centre indicates that the system is under significant strain. This article explores the key issues identified, the proposed reforms, and what this means in practice for employers. 

A growing backlog and widening delays

The research highlights a significant backlog of tribunal cases waiting to be heard. By December 2025, there were over 65,000 open cases, the highest level recorded since 2017 and a 43% increase within a single year. 

Crucially, this growth is not driven by an unprecedented surge in claims. Historical data shows that tribunals previously handled significantly higher case volumes while maintaining comparable disposal rates. The present backlog therefore reflects a system that has become less capable of managing even moderate demand. 

As a result, waiting times for hearings have increased sharply across all types of cases. Even relatively straightforward claims now take much longer to resolve, and, in some regions, more complex cases can take years before they are listed. In London South, for example, hearings for cases issued in 2025 may not be heard until 2029. 

The root cause: structural underinvestment

Contrary to common assumptions, there is little evidence to suggest that workers are bringing more claims. Instead, the data points to a sustained erosion of judicial capacity. 

In the period leading up to 2025, the backlog grew much faster than the number of days judges sat to hear cases.  At the same time, the number of judges fell by approximately 19% compared with 2022 levels. This reduction in capacity has created a widening gap between new cases and those being resolved. As a result, the system can no longer keep up, and the number of outstanding cases continue to rise.

Regional differences make the problem worse. London tribunals, in particular, face disproportionately high caseloads, more than twice those in other parts of England and up to five times higher than in Wales. 

The research finds that the net effect is a system operating beyond what it can reasonably manage, with insufficient judicial and administrative resources to meet current demand, let alone future increases.

Complexity, representation, and procedural pressure

Alongside reduced capacity, the nature of claims has also changed and there's been an increase in the numbers of complex cases being litigated.  

The research also points to a growing number of workers who are navigating the tribunal process without representation, particularly since employment law was removed from the scope of legal aid. Many now rely on digital tools, including artificial intelligence, to prepare their claims. 

While such tools can help in some cases, the research suggests they can also contribute to procedural complexity. Poorly framed claims, incomplete documentation, and misunderstandings about legal tests place additional demands on tribunals, requiring additional case management and judicial input. As a result, more workers representing themselves are putting additional pressure on an already overstretched system, compounding delays and inefficiencies.

Reform in progress, but a critical gap remains

The research suggests that recent legislative developments, including the Employment Rights Act 2025, are likely to increase the volume of tribunal claims by an estimated 18%. 

At the same time, the newly established Fair Work Agency is expected to play a role in labour market enforcement, but its current remit covers only a small proportion of cases which is estimated at around 1.7% of tribunal claims. 

Taken together, the research suggests that these developments risk exacerbating existing pressures. Without parallel investment in tribunal capacity, expanded worker rights may lead to even further delays.

What needs to change to improve access to justice?

According to the research, addressing the crisis requires a coordinated response focused on both immediate and systemic reform, including:

• Providing additional funds to recruit more judges;
• Improving case management and administrative processes to streamline processes, standardise directions and filter out weak claimsreamlined procedures
• Strengthening early resolution by providing legal advice, mediation, and alternative dispute resolution; and
• Expanding the remit of enforcement bodies to handle certain categories of claims to divert a proportion of cases away from tribunals.

What does this mean for employers?

Delays create risk and uncertainty and present practical challenges. Over time, memories fade, documents may become harder to locate, and key witnesses may leave the organisation before a case is heard, all of which can make defending claims more difficult. 

With the tribunal system under sustained pressure, it is extremely important to take proactive steps to prevent disputes escalating where possible and to resolve issues at an early stage. 

We can support you by: 

• Advising on how to manage and resolve workplace issues at an early stage
• Helping you handle grievances, disciplinaries, and performance concerns fairly and consistently
• Providing training so managers can run processes with confidence; and
• Supporting you at every stage of a tribunal claim, from early conciliation through to a final hearing.

You can find out more about the Employment Rights Act 2025 here, and about how we can support you with tribunal claims here.

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