‘It can’t cope’: Employment Tribunal cases surge with calls for Government action ahead of Worker Rights Bill
New figures show that employment cases at the Tribunal have increased. But with the growing backlogs and the looming Employment Rights Bill, there are calls on the Government to intervene before the Tribunal’s situation worsens.
The open caseload at the Employment Tribunal increased by 32 per cent from January to March 24/25 compared to the same quarter last year, as outlined by the Ministry of Justice (MoJ).
The quarterly stats revealed the Tribunal received 42,000 single claim receipts and disposed of 32,000 single claim cases. And at the end of March, there were 45,000 single claims opened.
The Employment Lawyers Association (ELA) has called on the Government to allocate resources to Tribunals before the Employment Rights Bill comes into force as early as Spring 2026.
Speaking to Morning Wire, Caspar Glyn KC, Chair of the ELA, said: “The past figures are of real concern, but of yet more concern is the future.”
“Unfair dismissal cases make up the largest part of the caseload, at 22 per cent, but today, an employee has to wait to be employed for two years to issue such a claim.”
Spending Review investment
One of the 28 reforms in the new bill, if passed, means employees can issue claims on the first day of employment, compared to the current system of two years of service.
The new right is expected to trigger a significant wave of litigation against businesses.
With the current backlog at the Tribunal, Glyn KC stated, “The evidence is clear. The Tribunal cannot cope with the rising tide of employment litigation.”
He added that “once the Employment Rights Bill is law, the Tribunal will drown under the weight of the increased litigation created by the new rights.”
Chancellor Rachel Reeves outlined a £7 billion allocation to the MoJ in her Spending Review on Wednesday, with up to £450 million set to be invested in the court system to reduce record-level delays across all criminal courts.
“Unless a good proportion of this funding is made available to the Employment Tribunal, rather than only the criminal courts, then the new rights will be illusory,” Glyn KC highlighted.
The ELA called for more judges to sit on more days to get through cases, reduce the backlog, and increase funding to the Tribunal to address shortages in resources and staff.
“The Government risks introducing a raft of new rights for workers but locking those rights up behind a system where justice delayed is justice denied,” the senior barrister added.