The Employment Tribunal system is facing an unprecedented crisis, with the Ministry of Justice reporting a record open caseload of 70,000 single claims as of June 2026. This represents a 51% increase year-on-year, driven by receipts rising 28% while disposals fell 6%. The scale of the backlog has profound implications for both employers and employees.

The structural imbalance between incoming and outgoing cases is stark. In the April-June quarter, tribunals received 14,000 single claims but disposed of only 6,100. Multiple claims – often involving large groups of employees – have created a separate logjam, with 467,000 open multiple claims across 7,600 lead cases. Average time from claim receipt to disposal now stands at nearly 60 weeks, with some regions listing hearings into 2028 and 2029.

This crisis has not emerged in a vacuum. The Employment Rights Act 2025 introduces significant reforms that will further strain the system. From October 2026, limitation periods for most claims will double from three to six months. More consequentially, from January 2027, the qualifying period for unfair dismissal claims will drop from two years to six months, and the compensation cap will be abolished. Government analysis estimates these changes could generate approximately 6,900 additional tribunal cases annually.

For employers, the implications are substantial. Prolonged proceedings compromise evidential integrity as witness recollections fade and key personnel depart. Legal costs...

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