The Employment Tribunal system is under significant strain and is about to face further pressure, with more changes under the Employment Rights Act 2025 taking effect on 1 October 2026, writes David Mills, National Head of Employment Law at Mills & Reeve.
The latest tribunal statistics paint a worrying picture. Figures for April to June 2026, published on 10 September 2026, show that single claims increased by 28 per cent compared with the same period in 2025, while disposals fell by 6%. The result is a record open caseload of 70,000 single claims, up 51 per cent year on year. Although the picture in the Employment Appeal Tribunal is slightly more positive, appeals received in 2025/26 still exceeded those disposed of.
These figures reflect what many employers and employment lawyers are experiencing. Delays at every stage of the process have become commonplace. In some parts of the country, parties are waiting several years for a final hearing.
Why are claim numbers increasing? There is no single answer. One possible factor is employees’ growing use of AI to obtain information about their rights and prepare claims. The type of claims being brought are also becoming more legally complex.
The tribunals are trying to manage the growing caseload, whilst the government and Ministry of Justice have set up a taskforce to consider reforms. However, another significant change is about to add further pressure to the system.
From 1 October 2026, the time limit for bringing most...
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