The backlog of open employment tribunal cases in the UK reached 49,800 at the end of Q4 2024, according to new data. This represents a 23 percent rise compared to the 39,000 cases outstanding at the same time in 2023.
These figures, published by employment law firm Littler, show that the number of people affected by delays across both single and multiple claims is now estimated at approximately 450,000.
During Q4 2024, 11,500 new claims were lodged with the employment tribunals, surpassing the 10,100 claims that were resolved in the same period. This marks a 30 percent increase in new claims compared to the 8,800 cases received in Q4 2023.
Philip Cameron, partner at Littler, said the primary issue remains a shortage of qualified employment tribunal judges, which has led to prolonged delays for both employees and employers awaiting resolution of disputes. Ministry of Justice data shows that the average wait time for a single claim related to unfair dismissal or discrimination now stands at around 12 months.
Cameron said, “That’s just not fair on either party. Leaving businesses in legal limbo makes it harder for them to operate, that is a particularly acute problem for SMEs.”
He added that the Government should allocate additional funding to address the current backlog and prepare for an expected rise in claims once the Employment Rights Bill is enacted.
Employment tribunal case volumes outpace resolutions
Cameron noted that proposed changes in employment law in the Employment Rights Bill, which is currently progressing through Parliament, is likely to place further pressure on the tribunal system as new workplace rights are introduced.
“Making unfair dismissal a ‘day one’ right, even with probation periods permitted, is going to result in a big surge in claims,” he said. “On top of that is the possibility of disputes arising from companies making redundancies as they try to cope with the recent increase in the minimum wage and employers’ national insurance.”
The Employment Rights Bill introduces a number of changes aimed at increasing worker protections, including enhancements to flexible working rights and redundancy protections for pregnant employees and those returning from parental leave. However, legal commentators have raised concerns that the additional statutory rights may lead to an increase in workplace disputes and a higher volume of cases being taken to tribunal.
Impact of previous policy changes still felt
The employment tribunal system continues to feel the effects of earlier policy decisions and pandemic-related disruption. In particular, the abolition of tribunal fees in 2017, which removed charges for lodging and pursuing claims, is cited as a key driver behind the long-term increase in case volumes.
While the removal of fees was seen as a win for access to justice, the system has since been struggling to handle the increased the number of claims being brought – an issue compounded by delays caused by Covid-19, which resulted in a large number of hearings being postponed or rescheduled.
The combination of these factors has placed sustained pressure on a system that many employers and claimants now see as under-resourced. Littler has called for urgent investment to expand judicial capacity and improve case processing times.
