The number of open employment tribunal claims has reached more than half a million, with a total of 510,000 cases sitting unresolved at the end of September 2025. It marks a 33% increase compared to the same time last year. As the caseload grows, some regions are now predicting case hearings as far out as 2028, exacerbating the pressure on the already overstretched system.
The figures, released by the government on 12 December 2025, show that single and multiple employment claims are piling up, with the tribunal system struggling to keep up. As well as the increasing overall numbers, there’s been a notable rise in specific types of claims, with unfair dismissal, disability discrimination, and unauthorised deduction of wages topping the list.
The backlog shows no sign of slowing down. While some claim types have always been common, the rapid rise in the number of claims is placing greater demands on the system. As the tribunal waiting times extend further, many businesses are left wondering what will come next, and whether they’re prepared for the changes on the horizon.
The growing caseload and types of claims
In the quarter to September 2025, unfair dismissal claims made up 23.7% of the new cases filed, accounting for a total of 4,766 claims. Following close behind were disability discrimination and unauthorised deduction of wages claims, representing 14.8% and 12.2%, respectively. These three types of claims have consistently topped the list in recent years, but now they are adding to the already significant backlog.
 |
Get our essential weekday HR news and updates.
|
Even with reporting changes, the latest figures show notable increases across multiple types of claims. For instance, public interest disclosure claims saw a rise of 16.1%, while disability discrimination claims increased by 10.3%. The pattern reflects a broader trend of rising claims in areas related to workplace fairness and pay, which are becoming more prevalent as employees become increasingly aware of their rights.
Discrimination claims as a whole now represent 35.4% of all tribunal cases, up from 29.7% in the previous year. The growing demand for justice in these areas speaks volumes about changing attitudes towards workplace equality, but it also adds to the mounting pressure on tribunals.
Experts warn of increasing pressure
Given the rising numbers, experts are raising alarm about the future of employment tribunals. Rob McKellar, legal services director at Peninsula, a UK-based HR and employment law advisory firm, said the pressure was only going to grow in the coming months and years. “With the backlog now over half a million claims and some regions listing cases for 2028, it’s clear that the system is under massive strain,” he said.
McKellar highlighted the implications of the Employment Rights Bill, which is expected to soon become law. “This new law will expand the right to bring unfair dismissal claims to an additional six million workers, as the qualifying period is reduced from two years’ service to just six months. This will inevitably increase the number of claims brought forward, putting even more strain on the tribunal system,” McKellar explained.
As the backlog grows and the number of claimants increases, the legal system is already grappling with long delays in hearing cases. With the changes brought about by the Bill, it’s expected that the tribunal system will become even more overwhelmed, making it even more important for businesses to be proactive in ensuring their workplace practices comply with the law.
Preparing for the future
Employers are already facing a challenging legal environment, and with the rise in discrimination claims and the potential for more unfair dismissal claims, observers say businesses need to act now to ensure they’re prepared for what lies ahead.
Businesses are advised to stay ahead of the changes by reviewing their internal practices and policies to ensure they’re fully compliant with employment laws. That includes being clear about pay structures, ensuring equal treatment for all employees and maintaining a workplace free from discrimination.
The rise in discrimination claims, in particular, signals a move towards greater accountability in the workplace. With more employees feeling empowered to take legal action, employers must take steps to prevent issues before they arise. This may involve offering training for staff and management, updating contracts and policies and reviewing grievance procedures to make sure they’re fair and transparent.
William Furney is a Managing Editor at Black and White Trading Ltd based in Kingston upon Hull, UK. He is a prolific author and contributor at Workplace Wellbeing Professional, with over 127 published posts covering HR, employee engagement, and workplace wellbeing topics. His writing focuses on contemporary employment issues including pension schemes, employee health, financial struggles affecting workers, and broader workplace trends.
- William Furney
- William Furney
- William Furney
- William Furney
