The latest Tribunal Statistics Quarterly has highlighted the continuing pressure on the Employment Tribunal system, with claims continuing to outpace disposals and open caseloads rising sharply.
For employers, HR teams and employees, the growing backlog is more than an administrative issue. Delays can prolong uncertainty, increase costs and make it harder for all parties to resolve workplace disputes fairly and efficiently.
What do the latest figures show?
According to the Ministry of Justice’s Tribunal Statistics Quarterly for January to March 2026, Employment Tribunals received 50,000 single claim receipts during the 2025/26 financial year and disposed of 26,000 single claim cases. By the end of March 2026, there were 64,000 open single claims.
This represents a significant increase in pressure on the system. Single Employment Tribunal receipts rose by 39% compared with 2024/25, while disposals fell by 12%. The open caseload for single claims increased by 55% over the same period.
The position is even more striking when multiple claims are included. At the end of March 2026, the open caseload for multiple claims stood at 467,000, bringing the overall number of open Employment Tribunal claims to 531,000.
Why does the backlog matter?
Long delays are not good for either Claimants or Respondents.
For Claimants, a delayed hearing can mean waiting years for closure. By the time a final hearing takes place, they may have moved into one or more new roles, their circumstances may have changed and their motivation to continue with litigation may have faded.
For Respondents, delays create practical and evidential difficulties. Witnesses may leave the business, managers may move into different roles and memories can fade. Even where documents have been retained, the individuals who can explain the context behind decisions may no longer be available.
Employment Tribunal claims are often highly fact-specific. The Tribunal may need to consider who said what, when decisions were made, why certain steps were taken and whether a fair process was followed. The longer the gap between the events and the hearing, the harder it can be for both sides to present clear and reliable evidence.
Delays can also affect commercial decision-making. Employers may face years of uncertainty around potential liability, legal costs and management time. Even where an employer has strong prospects of successfully defending a claim, the cost and disruption of litigation may become increasingly difficult to justify.
Delay is not a reason to wait
Some employers may assume that, because final hearings are being listed far into the future, they have more time to deal with Tribunal claims. This can be a risky approach.
The early stages of a claim often shape the outcome. A well-prepared ET3 response, properly preserved documents, early witness accounts and a clear case strategy can make a significant difference.
Employers should also remember that litigation does not pause simply because the final hearing date is some way off. Preliminary hearings, case management orders, disclosure, witness statements and settlement discussions may all take place much earlier.
What should employers do?
The growing backlog makes early preparation even more important. Employers should:
- Preserve relevant documents as soon as a dispute arises, including emails, messages, meeting notes, HR records and policies.
- Take witness accounts while memories are fresh, particularly where key individuals may leave the business.
- Ensure an obligation to assist the employer in defending claims after they have left employment is included within settlement agreements (and consider this for contracts of employment where possible).
- Ensure fair procedures are followed in disciplinary, grievance, redundancy, sickness absence and performance matters.
- Assess the merits, risks and commercial impact of a claim at an early stage.
- Consider settlement discussions strategically, including ACAS Early Conciliation, without prejudice discussions and settlement agreements.
- Keep litigation files organised throughout the life of a claim.
- Train managers to handle workplace issues properly before they escalate.
A system under pressure
The latest figures confirm that the Employment Tribunal system remains under sustained pressure. Delays of months, and in some cases years, can create difficulties for both sides and make disputes harder to resolve.
For employers, the key message is to be prepared. Strong procedures, clear records, early evidence preservation and timely legal advice can help reduce risk and put businesses in the best possible position if a claim is brought.
If your business is facing an Employment Tribunal claim, or you are dealing with a workplace dispute that could become contentious, DTM Legal’s Employment & HR team can provide practical advice on strategy, risk and resolution. To speak to a member of our Employment & HR team, call us on 01244 354 800 / 0151 321 0000 or email employment@dtmlegal.com.
