Employment Tribunal claims on the rise

Employment Tribunal data for 2025/26 highlights a sharp rise in claims and a growing backlog, creating material risks for employers and raising concerns about access to justice. During the year, 50,000 single claims were received, but only 26,000 were resolved, leaving an open caseload of 64,000, which is up 55% on the previous year. Across all claim types, there were 531,000 open cases at the end of Q4 2025/26.

In practice, this imbalance is already being felt. Employers are experiencing significant delays, with cases often taking several years to reach a final hearing and routine correspondence going unanswered for extended periods. This creates prolonged uncertainty, making it harder to manage workforce issues, assess litigation risk, and bring disputes to a timely and cost-effective conclusion.

The impact on access to justice is equally concerning. Claimants face long waits for resolution, while employers may feel pressured to settle claims - regardless of merit - to avoid drawn-out proceedings and escalating costs. Over time, this risks undermining confidence in the Tribunal system as an effective forum for resolving workplace disputes.

Unless systemic improvements are made, including increased capacity and procedural reform, the current trajectory suggests further delays and rising pressure on both parties, with access to timely justice increasingly at risk.