‘Significant backlog’ for Tribunal cases as new workers’ rights come into law
Concerns have been raised about the “ongoing and significant” backlog at the Employment Tribunal as new worker rights come into play this week.
The Law Society, while welcoming the launch of the Fair Work Agency (FWA), raised concerns that the new agency will be equipped to tackle the case backlog.
Between Monday and Tuesday, a series of new costly rights came into force, including the establishment of FWA, which now takes over the enforcement of various employment rights, including the national minimum wage, sick pay, and holiday pay.
However, the backlog at the Tribunal has been in the headlines for years. Following the pandemic, the cases have continued to pile up at the Tribunal, and the expectation is that the Employment Rights Act (ERA) will make it worse.
Cases at Tribunal at highest recorded level
Recent data, including from the Ministry of Justice, reveals the backlog of Tribunal cases in England and Wales has reached its highest recorded level, rising by nearly 50 per cent in a single year.
The ‘open caseload’ stood at 68,192 cases at the end of January 2026, up from 45,751 in January 2025.
“People trapped in Employment Tribunals continue to face significant and damaging delays,” says Law Society vice president, Brett Dixon.
The backlog will also put pressure on businesses already facing a sharp increase in costs and hiring struggles due to the Employment Rights Act.
The British Retail Consortium (BRC), a leading trade body, has said the news raises risks, adding to an onslaught of rising cost pressures facing firms, including wage hikes and supply chain costs.
The UK government published a report earlier this year that revealed an estimated direct cost to business will be between £1bn (low) and £5bn (high) per year once the Employment Rights Act is fully implemented over the next two years.