Employment tribunal claims have been steadily rising and are likely to continue to rise due to the wider employment rights being introduced – and so has the backlog. Recent figures show a significant increase in outstanding cases, with many claims now taking at least 2 years to reach a final hearing. The employment tribunal backlog reached 58,000 open single claims at the end of December 2025. Critically for employers, a longer wait does not mean lower risk. It simply extends your risk over a longer time.
Does this change how you should approach disputes?
In short – yes.
A longer tribunal timeline brings both challenges and opportunities.
Challenges of a drawn-out tribunal
On the one hand, unresolved claims can hang over a business for months (or years). That can mean:
- Ongoing management time and legal costs
- Difficulty drawing a line under disputes
- Witnesses’ memories fading over time
Delays can present opportunities
A delay can sometimes create the chance to revisit settlement discussions. As time passes, both parties may become more open to a pragmatic resolution—particularly as the cost and uncertainty of a full hearing becomes clearer.
4 tips for handling a tribunal claim There are some practical steps you can take as an employer
- Document decisions clearly at the time – don’t rely on memory later
- Preserve key evidence early (emails, messages, notes)
- Train managers on handling processes properly first time
- Consider early resolution strategies, including mediation
It’s also worth remembering that, despite the backlog, tribunal claims are not going away—and in some areas (such as discrimination and whistleblowing), they are becoming more complex.
Further reading
- Employment Rights Act 2025: Imminent employment law changes – Hunter Law
- EAT stresses the need for proper consultation in redundancy cases – Hunter Law
- Employee Appeal Tribunal overrules Tribunal that failed disabled employee – Hunter Law
- Employment Tribunals (England and Wales) – Courts and Tribunals Judiciary
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