Employment tribunal backlog worsens, cases face years-long delays 

New data from His Majesty’s Courts and Tribunal Service reveals that the backlog of cases in the employment tribunal system is worsening, with outstanding cases increasing by 18% compared to last year.  

The first quarter of 2024 shows nearly 44,000 single claims and lead cases in multiple claims, marking a significant rise from 2023. 

This aligns with the trends Claims Media has reported on elsewhere in the justice system.

While the number of new claims has grown, the rate at which cases are being resolved has dropped. Disposals of single claims in the quarter from April to June were down 4% from the same period last year, and the total number of cases resolved over the entire 2023/24 reporting year fell by 6% compared to the previous year. 

Long waiting times for tribunal cases 

Some longer cases now face waits of up to two years for a hearing. In the London South region, hearings for complex cases are being scheduled for early 2026.  

Andy Talbot, ARAG’s Director of marketing, ATE & Broker, commented on the situation, saying, “The tribunal system’s problems have gone from bad to worse. Claims are piling up, but the system’s capacity to handle them is shrinking.” 

Talbot also pointed out that while delays in criminal justice have received attention, employment tribunals are often overlooked. These delays can greatly affect both workers and small businesses: 

“Long waits create uncertainty, making it hard for small businesses to invest or hire new staff. Employees also face extended stress and frustration while waiting for resolutions to their disputes,” he added. 

Impact on small businesses and workers 

The growing backlog is especially challenging for small and medium-sized enterprises (SMEs), as unresolved claims can create financial uncertainty and limit growth. Businesses and individuals alike depend on a functioning tribunal system to resolve employment disputes efficiently, but current wait times are creating significant obstacles. 

As the backlog grows, the impact on both employees seeking justice and businesses looking to resolve issues swiftly is becoming more serious. The employment tribunal system faces increasing pressure to address these delays and improve the speed of case resolution. 

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Josie Geistfeld Josie is an editor for Claims Media. She welcomes feedback, comments, and opinion at josie.geistfeld@barkerbrooks.co.uk