The Employment Tribunal system is creaking - does it need a radical overhaul?

The most recent data shows that there is now a backlog of almost 72,000 claims before the Employment Tribunal - this is up almost 26,000 in a year.  In some parts of the country, new claims are not being listed for up to five years.

The causes of this are varied including a shortage of judges and the increased use of AI by claimants when submitting their claims (which often leads to voluminous pleadings). However, the consensus is that the problem is only going to get worse. The new Employment Rights Act 2025 will increase the time limit for most employment claims from three to six months, reduce the qualifying period for unfair dismissal to 6 months and grant a range of additional employment protections. This creates serious questions as to whether a system which is already creaking will be able to cope.

One way forward is set out in a new book published by respected authors Sarah Fraser Butlin, Catherine Barnard and Maayan Menashe: Reimagining Employment Dispute Resolution and Enforcement. Their proposals include a new Employment Resolution service with mandatory phone conciliation or online mediation before any claim can be issued. They also suggest a three-track tribunal system based on the complexity/value of the claim, with claimants bringing claims in highest track being subject to a costs regime. 

Whatever approach is taken, there is widespread agreement amongst employment lawyers that something must be done.