Employment law claims in the UK are on the rise, and both organisations and tribunals are finding it challenging to cope with the growing volume of cases, write Elouisa Crichton and Amy Ross-Sercombe.
Ministry of Justice figures show that whistleblowing claims – where individuals say they were forced out of their jobs for voicing concerns about the organisation – in the UK tribunal system grew by 92 per cent between 2015 and 2023.
Anecdotal evidence also points to an increase in other kinds of employment tribunal claims, including those relating to wages, unfair dismissal and discrimination.
Part of this increase may be attributed to greater awareness of employment rights among the UK workforce generally, as well as the seismic disruption to working practices occasioned by the pandemic.
The new Employment Rights Bill proposed by the UK government aims to significantly expand the rights employees in the UK are entitled to, starting from 2026, and is expected to hike Employment Tribunal claim numbers further.
This promises to add further stress to an already creaking employment tribunal system in the UK.
Figures from HMCTS show a growing backlog of employment tribunal cases, with the caseload for single claims in mid-2024 sitting 18 per cent above the prior year, with 37,000 open cases.
The backlog has been criticised by employment law experts for deferring justice for claimants on the one hand, and adding to the costs and uncertainty for employers on the other.
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