Employment Tribunal caseloads have hit record levels, with 70,000 single claims open in the April to June 2026 quarter, a 51 per cent increase from the same period last year. Receipts rose 28 per cent while disposals fell 6 per cent, leaving 14,000 new claims against 6,100 resolved. This gap reflects growing pressures across the system.
Why is the tribunal system struggling?
The backlog stems from multiple factors accumulated over years. Legacy issues from the Covid-19 pandemic persist, with many users still facing lengthy waits despite processing improvements.
Modern employment disputes have grown more complex, often involving multiple causes of action, extensive documentary evidence, and substantial witness testimony. Cases related to discrimination, whistleblowing and harassment particularly demand longer hearings, greater judicial involvement and more case management than traditional claims.
Demand continues to outpace capacity, with claims entering the system faster than they can be resolved. Resourcing constraints compound the issue, as London and the South East account for roughly 60 per cent of outstanding single claims but only 30 to 40 per cent of judicial resources.
Regional disparities and technology’s impact
Similar claims filed simultaneously can progress at vastly different speeds depending on location. Outside heavily pressured centers, cases may reach final hearings within months. In contrast, parts of London, the South East and other congested tribunal venues can see waits extending several years.
The uneven distribution creates what practitioners describe as a postcode lottery. Venue, listing practices and the ability to withstand delay can materially influence litigation strategy.
Technology adds another layer of complexity. Generative AI usage by litigants in person and represented parties has surged. While AI improves access to legal information, it also generates lengthy submissions and correspondence requiring careful review. These documents often do not narrow issues for determination, instead increasing procedural disputes and document volumes that strain already overburdened systems.
The consequence is an increasingly uneven tribunal environment where venue choice affects not just timing but settlement decisions. Employers and claimants must weigh legal merits against practical delays. The region where a case is filed can determine whether it concludes in months or spans multiple years.
