Employment Tribunal backlogs continue to swell, with a reported 49,800 open cases at the end of 2024, a 23% on the previous year, leaving roughly 450,000 individuals waiting for resolution. The average claim for unfair dismissal or discrimination now sits in the queue for about 12 months before it is listed for hearing. During that time the dispute is very much alive, potentially tying up management time, legal budgets and personal energy.
Why the numbers keep rising
Receipts are outstripping disposals. In Q3 of the 2024–2025 financial year the Tribunals received 11,000 new single claims but disposed of 9,600, driving the overall open caseload to 467,000 across single and multiple claims. Within those figures unfair dismissal filings jumped by more than a quarter year on year, with wage disputes and discrimination claims also climbing.
Greater public awareness of employment rights, cost-of-living pressures and the abolition of Tribunal fees in 2017 all play a part, yet a shortage of salaried judges may be an immediate pinch point.
ACAS Early Conciliation: a system within the system
Early Conciliation was designed to ease pressure, but freedom of Information data shows an average of 14.78 days to allocate a case to a conciliator, and practitioners regularly see four-week waits that consume most of the six-week statutory early conciliation window. ACAS’ total headcount is 1,085 people for the entire organisation, limiting capacity to manage the growing volume of notifications.
The practical consequence is, we would venture, more certificates issued without discussion and, ultimately, more claims proceeding to Tribunal.
Enter the Employment Rights Bill
The Employment Rights Bill, now progressing through Parliament, promises to reshape the landscape again:
• Day-one protection against unfair dismissal will replace the current two-year qualifying period, although employers may operate an extended probation period of up to nine months.
• Limitation periods for most employment claims could double from three to six months, giving potential claimants more time to seek advice and lodge proceedings.
• A broader definition of “employee” will bring casual and zero-hours workers firmly within Tribunal jurisdiction.
Each change aims to improve access to justice, yet each may add pressure on an already stretched system.
What this means for employers
1. Refresh policies and procedures now
In practical terms, the best antidote to a growing Tribunal backlog is prevention. For employers, start with a spring-clean of your core documents. Your disciplinary, performance and redundancy and flexible-working policies should match current ACAS guidance, speak the language of fairness and set out clear timelines and expectations (and consequences of serious and/or persistent poor behaviour or work expectations).
When policies are simple, consistent and easy to find, staff are much more likely to follow them and far less likely to feel blindsided by process.
2. Train line managers on fair process and record keeping
Next, equip your line managers. Many Tribunal claims succeed because managers skipped a step in the process, or appeared to act inconsistently, rather than because the business acted in bad faith.
Short, scenario-based training on investigation meetings, note-taking and outcome letters pays for itself quickly.
Pair that training with a standard document pack so managers capture evidence in a consistent format.
Clear processes and consistent practices build trust inside the workforce and reduce the risk of unfair dismissal litigation.
3. Front-load evidence. Capture witness notes and digital records while memories and data are still fresh
Evidence really is key. Gather witness statements, emails, WhatsApp messages and rota data while the facts are still fresh in everyone’s minds.
Store everything in a central, searchable system with retention periods that reflect the six-month limitation proposed in the Employment Rights Bill.
Early document collection not only strengthens your defence but also signals to claimants that you are prepared, which can encourage settlement during ACAS Early Conciliation.
Keep in mind, as an aside, data privacy rights and obligations when processing data.
4. Consider alternative dispute resolution
When a dispute arises you might look beyond ending up at the Tribunal hearing. Judicial mediation (where a Judge not involved in your final case mediates between the parties), private mediation or even a well-timed protected conversation can save months of uncertainty and allow commercial choices to be made to reach a resolution in a cost-effective way.
Alternative dispute resolution shows the Tribunal that the employer has acted reasonably, protects brand reputation and often costs far less than a full hearing. With listing dates sliding into late 2026, a pragmatic offer today can be the quickest route to closure.
If you would like tailored advice on updating policies, delivering training or exploring mediation, the Tees Law employment team is ready to help.
What this means for employees
Early advice remains essential.
Even with longer limitation periods on the horizon, evidence is far easier to gather soon after an incident. Keep contemporaneous records, explore ACAS conciliation promptly and weigh settlement offers pragmatically against the prospect of a hearing that could be more than a year away.
Our perspective at Tees Law
The backlog is frustrating, but it is manageable with the right strategy. We help clients set realistic timelines, gather robust evidence at the outset and explore settlement or mediation where that serves their goals. If the Tribunal queues or the forthcoming Employment Rights Bill raise questions for you or your organisation, our employment team is ready to help you navigate UK employment law with confidence.
Sources
• Ministry of Justice, “Tribunals statistics quarterly: October to December 2024,” GOV.UK, published March 2025.
• Personnel Today, Rob Moss, “Employment tribunal backlog up 23 % in a year,” 7 May 2025.
• People Management, “Employment tribunal backlog soars by a quarter in a year,” May 2025.
• HR Grapevine, “Employment tribunal backlog leaves 450,000 in legal limbo,” 8 May 2025.
• House of Commons Library, “Employment Rights Bill 2024-25: Progress of the Bill,” Research Briefing CBP-10174, March 2025.
• ACAS, “Annual Report and Accounts 2023-24,” presented to Parliament 18 July 2024 (staffing and service metrics).
