The UK’s employment tribunal backlog continues to grow, with delays soared by 25% in just a quarter, – and lawyers are warning the crisis may worsen.
And James Johnson, a Partner at UK law firm Smith Partnership and an expert in employment law, has urged employers to act before problems escalate to litigation.
“Claims are currently being listed until the end of 2026, and even some in 2027,” he explains. “We’ve not really seen things improve – one of the initial reasons was COVID-19, but we are also seeing other complications, including difficulties in recruiting qualified employment judges to hear cases.”
Tribunal delays have introduced challenges not just for claimants and respondents, but also for legal professionals like Johnson.
“It’s very difficult to prepare cases now, because you are attempting to prepare for something that probably won’t be heard for two years,” he says. “The delays affect collation of evidence as people’s recollections of events change over time, while documents and physical evidence are being lost.
“Secondly, it impacts the advice we give to our clients, in relation to both individuals and employers. We have advised them that if they go down a certain route, they could end up in tribunal litigation, and then they have this hanging over their heads for the next two years.
“So often we’re advising on taking more proactive action to ensure they’re not ending up in...
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