Employment Tribunal backlog reaches record level as claims continue to rise

  • Employment Tribunal
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Peninsula Team, Peninsula Team

(Last updated )

Employment Tribunal cases are continuing to increase, while the number of claims being completed is falling, according to Ministry of Justice (MoJ) statistics for April to June 2026.

The Tribunal received almost 14,000 single claims during the quarter, an increase of 28% compared with the same period in 2025. It disposed of just over 6,100 single claims, 6% fewer than a year earlier. As a result, the number of open single claims rose by 51% to 70,818—a record breaking backlog.

Across single and multiple claims, 537,000 claims were open at the end of June. Multiple claim receipts fell by 19% compared with the previous year, while disposals fell by 29%. There were 467,000 open multiple claims across 7,600 lead cases. The figures can change sharply because one multiple claim may involve many individuals linked to the same employer.

In total, the Tribunal received 25,000 claims and disposed of 10,000 during the three-month period. The imbalance between new claims and completed cases is contributing to longer delays for both employers and employees. Final hearings are reportedly being listed two or three years after a claim is issued in some cases.

Unfair dismissal remained the most common head of claim, with 5,822 claims — 29% more than in the same quarter last year. This is likely to increase with the upcoming change to the qualifying period for ordinary unfair dismissals which reduces from two years to six months on 1 January 2027. Additionally, from that date compensatory awards will no longer be capped.

Disability discrimination claims also increased by 51%, reaching 4,051. These claims typically attract the highest average award across all heads of claim. They can present significant financial and reputational risks for employers, particularly where allegations involve a failure to make reasonable adjustments or discrimination arising from disability.

Another change that is likely to significantly impact the system is that from 1 October 2026, the time limit for bringing most Employment Tribunal claims will increase from three months to six months. For breach of employment contract claims in Scotland, the change is due to take effect on 9 November 2026.

For HR teams and business owners, the statistics underline the importance of addressing workplace issues early, keeping clear records, following fair procedures and taking concerns about discrimination and reasonable adjustments seriously. With more claims expected, early advice and effective dispute resolution may help reduce both legal exposure and delay.

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