Employment Tribunal Backlog Soars – What It Means for Your Business
There’s a growing challenge on the horizon that could have serious implications for how you manage workplace disputes…the employment tribunal backlog is getting worse – fast.
Recent statistics from HM Courts and Tribunals Service reveal that the number of outstanding employment tribunal cases jumped by 23% in just one year, reaching nearly 49,800 open cases by the end of 2024. That means an estimated 450,000 individuals are now waiting for their claims to be heard – a figure that includes both single and multiple claimants.
Why does this matter to you? Because delays of this scale don’t just affect claimants – they put businesses in legal limbo.
Expect Significant Delays
One of the core issues behind the growing backlog is a lack of qualified employment tribunal judges, which has left the system overwhelmed. According to experts, the average wait time for a tribunal hearing involving unfair dismissal or discrimination is now around 12 months – a delay that can be incredibly costly for businesses, especially SMEs who may lack in-house legal resources.
That’s not the only problem. The introduction of new workers’ rights via the Employment Rights Bill is expected to increase the number of claims even further. For example, proposals such as day-one rights for unfair dismissal, even with probationary periods, are likely to result in a surge of tribunal activity.
What’s Causing the Backlog?
There are several overlapping factors driving this sharp increase in claims:
The removal of tribunal fees in 2017, making it easier for employees to lodge claims.
A 30% rise in claims submitted in the final quarter of 2024 compared to the same period the previous year (11,500 up from 8,800).
Anticipated disputes around redundancies, particularly as companies adapt to increases in the National Minimum Wage and National Insurance contributions.
What Can Employers Do?
In this increasingly complex and uncertain legal landscape, being proactive is more important than ever. Businesses need to ensure they are managing workplace issues robustly and in line with current employment law – not just to avoid disputes, but to ensure they’re protected if one arises.
That’s where Human Results comes in.
We work closely with businesses to provide hands-on HR and employment law support, helping you:
Resolve issues early before they escalate to tribunals
Handle dismissals, disciplinaries, and redundancies correctly
Keep up to date with changing legislation
Minimise risk and maintain compliance
While our aim is always to help you manage risk and avoid the tribunals that poorly handled employee relations can lead to, we’re also very well equipped to provide excellent, commercial, and cost-effective representation should a claim arise. If you’re on a retained package with us, this is included at no additional cost.
Our retained support packages also include Employment Protection Insurance, offering vital peace of mind if the worst should happen. This covers:
Up to £100,000 per claim for Employment Tribunal litigation or Health and Safety criminal prosecution
Financial protection and support through what can be a complex and costly process
Reassurance that you’re covered – subject to compliance with policy terms
Whether you're navigating a tricky grievance, facing a redundancy consultation, or reviewing your HR policies in light of the new legislation, we’re here to support you with clear, commercial advice – and meaningful protection.
Don’t Wait for a Tribunal Claim
With wait times stretching well beyond a year and the system under pressure, avoiding tribunal altogether is the best outcome for any business. Let’s talk about how we can help you manage risk, protect your reputation, and stay ahead of the changes.
Get in touch today to find out how Human Results can support your HR and legal needs.
Source: Personnel Today – “Employment tribunal backlog up 23% in a year”
