Workers’ rights overhaul pushes Employment Tribunal to breaking point
Employment Tribunal cases in England and Wales hit a record high of 70,000 from April to June this year as the new employment law reforms begin to bite.
Single Employment Tribunal Receipts, which are cases brought by an individual against an employer, rose by almost 30 per cent during those three months, compared to the same period a year ago, according to new data from the Ministry of Justice (MOJ).
While ‘open caseload’ cases, Tribunal cases that are currently still unresolved and active, rose by 51 per cent during the same period, “as receipts have continued to exceed disposals over the last year”.
Michelle Morgan, head of employment at Gardner Leader, said: “The latest Employment Tribunal figures show that, despite attempts to build capacity, the government is failing to adequately resource an already overstretched system, leaving both employees and employers trapped in a process that is increasingly unable to deliver timely justice.”
Morgan added that while the City has long been regarded as having the longest delays, cases outside the capital are being listed as far ahead as December 2029, calling the result “a postcode lottery, with outcomes depending as much on geography as the merits of the case.”
Backlogs raise concerns
Concerns were previously raised that the new workers’ rights in the Employment Rights Act would add to an already significant backlogged Tribunal.
“The latest Employment Tribunal statistics show a system buckling under the strain,” senior associate at disputes law firm Bellevue Law, Chloe Grant, said.
She said that this means more individual claims are waiting to be heard than ever before, with more than half a million claims now sitting in the Employment Tribunal system overall, leaving employers and employees alike facing longer waits, higher costs and prolonged uncertainty.
James Townsend, partner at Payne Hicks Beach, added, “Employment litigation is on the rise, and employers cannot afford to be complacent, bearing in mind further looming changes under the Employment Rights Act 2025 is designed to further strengthen workers’ hands, if and when disputes arise.”