Thursday 12 June 2025 3:38 pm
| Updated:
Thursday 12 June 2025 3:39 pm
Photo by Dan Kitwood/Getty Images
New figures show that employment cases at the Tribunal have increased. But with the growing backlogs and the looming Employment Rights Bill, there are calls on the Government to intervene before the Tribunal’s situation worsens.
The open caseload at the Employment Tribunal increased by 32 per cent from January to March 24/25 compared to the same quarter last year, as outlined by the Ministry of Justice (MoJ).
The quarterly stats revealed the Tribunal received 42,000 single claim receipts and disposed of 32,000 single claim cases. And at the end of March, there were 45,000 single claims opened.
The Employment Lawyers Association (ELA) has called on the Government to allocate resources to Tribunals before the Employment Rights Bill comes into force as early as Spring 2026.
Speaking to City AM, Caspar Glyn KC, Chair of the ELA, said: “The past figures are of real concern, but of yet more concern is the future.”
“Unfair dismissal cases make up the largest part of the caseload, at 22 per cent, but today, an employee has to wait to be employed for two years to issue such a claim.”
Spending Review investment
One of the 28 reforms in the new bill, if passed, means employees can issue claims on the first day of employment, compared to the current system of two years of service.
The new right is expected to trigger a significant wave of litigation against businesses.
With the current backlog at the Tribunal, Glyn KC stated, “The evidence is clear. The Tribunal cannot cope with the rising tide of employment litigation.”
He added that “once the Employment Rights Bill is law, the Tribunal will drown under the weight of the increased litigation created by the new rights.”
Chancellor Rachel Reeves outlined a £7 billion allocation to the MoJ in her Spending Review on Wednesday, with up to £450 million set to be invested in the court system to reduce record-level delays across all criminal courts.
“Unless a good proportion of this funding is made available to the Employment Tribunal, rather than only the criminal courts, then the new rights will be illusory,” Glyn KC highlighted.
The ELA called for more judges to sit on more days to get through cases, reduce the backlog, and increase funding to the Tribunal to address shortages in resources and staff.
“The Government risks introducing a raft of new rights for workers but locking those rights up behind a system where justice delayed is justice denied,” the senior barrister added.
Employment Tribunals Under Pressure: Navigating the Future of Worker Rights
The Employment Tribunal system in the UK is facing unprecedented challenges. Recent statistics reveal a surge in cases, coupled with anticipated changes from the upcoming Employment Rights Bill. As a journalist specializing in workplace law and policy, I’ve been closely monitoring these developments and the potential impact on employers and employees alike.
The Rising Tide of Employment Disputes
The data paints a clear picture. The Employment Tribunal is grappling with an increasing caseload. From January to March 2025, the open caseload saw a significant 32% rise compared to the previous year. This surge isn’t just a blip; it’s a trend, demanding immediate attention and strategic solutions.
This increase is further illustrated by the recent figures: 42,000 single claim receipts and 32,000 single claim case disposals were recorded in a single quarter. As of the end of March, there were a staggering 45,000 single claims still open. This growing backlog presents a clear challenge to timely justice, with the Employment Lawyers Association (ELA) calling for swift government action.
The driving forces behind this increase are complex. Changes in workplace practices, evolving societal expectations, and a heightened awareness of worker rights all contribute to the rise in employment-related disputes.
Key Challenges Ahead: What the Future Holds
One of the most significant factors is the upcoming Employment Rights Bill, slated to come into force as early as Spring 2026. This bill includes critical reforms that are expected to further increase the number of cases. One key reform allows employees to bring claims from their first day of employment, a drastic change from the current two-year requirement for unfair dismissal claims.
This shift is projected to unleash a new wave of litigation, as more employees will have immediate access to legal recourse. Caspar Glyn KC, Chair of the ELA, aptly pointed out that the Tribunal “cannot cope with the rising tide of employment litigation.”
The potential consequences are severe. The current backlog already means that justice is often delayed, which, as the saying goes, is justice denied. The new rights introduced by the Employment Rights Bill risk becoming ineffective if the Tribunal is overwhelmed. Further delays could have a detrimental impact on both employers and employees. Employers may find themselves bogged down in lengthy and costly legal battles, while employees might have to wait extended periods for resolution, experiencing financial and emotional distress.
The Path Forward: Solutions and Recommendations
Addressing this crisis demands a multi-pronged approach, and the government’s recent commitment to the Ministry of Justice (MoJ) provides a glimmer of hope. However, it is crucial that a good proportion of the funding is made available to the Employment Tribunal, not only the criminal courts.
What needs to happen? The ELA has proposed several essential measures to mitigate the challenges:
- Increased Funding: Allocating more resources to the Employment Tribunal is paramount. This includes funding for additional judges and staff to manage the increasing caseload.
- More Judges: Encouraging more judges to sit on more days.
- Enhanced Resources: Addressing shortages in staff and support resources to efficiently manage the growing number of cases.
These proactive measures will be pivotal in safeguarding the fairness and efficacy of the Employment Tribunal system. It is essential that the government acts swiftly and decisively to ensure that the Employment Rights Bill achieves its intended purpose: protecting and promoting worker rights.
“Did you know?”: Unfair dismissal cases currently make up the largest portion of the Employment Tribunal caseload, accounting for 22%. It’s important to note that the Employment Tribunal also deals with cases of discrimination, wage disputes, and other employment-related issues.
“Pro Tip”: Businesses should review and update their employment contracts and policies now to prepare for upcoming changes. Seeking legal advice to ensure compliance is highly recommended.
Frequently Asked Questions
What is the Employment Rights Bill?
The Employment Rights Bill is a piece of legislation that aims to strengthen and clarify the rights of workers in the UK. It covers multiple areas like the ability to file claims from day one of employment.
What is the current backlog at the Employment Tribunal?
As of the end of March 2025, there were approximately 45,000 single claims open at the Employment Tribunal.
How can businesses prepare for the changes?
Businesses should review and update employment contracts, policies, and seek legal counsel to ensure they are compliant with the upcoming legislation.
Are you an employer or employee with questions about the Employment Rights Bill or the Employment Tribunal process? Share your thoughts and concerns in the comments below. Stay informed by exploring related articles on our website and subscribing to our newsletter for more updates on workplace law and policy!
