Employment tribunal backlog getting worse, HMCTS data show

The significant problems in the employment tribunal system are getting worse, according to analysis of the latest tribunal figures released by His Majesty’s Courts and Tribunal Service.

The latest data, for the first quarter between April and June, show that the open caseload of single claims was 18% higher than in the same period last year. The total number of single claims and lead cases in multiple claims was just under 44,000, also 18% higher than 2023.

While the number of single claims received has increased, the number disposed of in the quarter was down 4% year-on-year. Case disposals for the entire 2023/24 reporting year were 6% lower than for 2022/23.

Commenting on the latest data, Andy Talbot, ARAG’s Director of Marketing, ATE & Broker said:

“The latest data show that the problems in the tribunal system have gone from bad to worse. The number of claims is increasing but the capacity of the tribunal system seems to be diminishing.

The public is becoming more aware of similar problems in criminal justice, but employment tribunals are like the forgotten cousins of the justice system. People rarely see the impact these delays have on both the workers involved and the businesses.

Having such claims hanging over SMEs is particularly difficult, as it creates huge uncertainty, can makes bosses hesitant to invest elsewhere in the business and can discourage further recruitment.

Businesses need a functioning tribunal system to settle these disputes swiftly and individuals shouldn’t be having to wait up to two years for an issue with a former employer to be resolved.”

Minutes published following a meeting of the Employment Tribunals National User Group, in April, revealed that longer hearings in the London South region were being listed for the first half of 2026, meaning waiting times of up to two years.