Employment Tribunal litigation has entered a new era, and Alternative Dispute Resolution is becoming an increasingly important part of the process.

Rising claim volumes, structural delays, and significant legislative reforms are combining to reshape how workplace disputes are resolved.

For employers, the message is clear: traditional “wait-and-see” litigation strategies are increasingly risky and commercially inefficient.

Employment Tribunal backlogs – a system under strain

New Employment Tribunal claims continue to outpace disposals, creating a substantial, and ever-growing, backlog. The latest tribunal statistics published by His Majesty’s Courts and Tribunals Service in December 2025 indicate that:

• There were 515,000 open claims at the end of September 2025, an increase of 54,000 from the previous year.
• Between July and September 2025, 26,000 new claims were received, but only 10,000 cases were disposed of.
• Unfair dismissal accounted for 23.7% of new claims, followed by disability discrimination at 14.8%, and unlawful deduction of wages at 12.2%.

Delays are now measured in years rather than months with cases currently being listed for hearing in 2027 and even 2028, particularly for complex multi-day hearings in discrimination, whistleblowing, and high-value dismissal claims. For employers, this means prolonged uncertainty, extended management involvement, and increased legal exposure.

The significant passage of time will also mean deterioration in the quality of...

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