YEARS NOT MONTHS
THE EMPLOYMENT TRIBUNAL CRISIS FACING EMPLOYERS
The employment tribunal system is in crisis, and for employers, the consequences go well beyond inconvenience.
The open caseload stood at 68,192 cases at the end of January 2026, nearly 50% higher than in January 2025. Over the twelve months to January, almost 50,000 new claims were received, while disposals fell to 27,398 — down nearly 20% on the previous year. Claims are arriving faster than they can be resolved, and the gap is widening.
The hearing dates tell the real story. Five-day hearings in south London are now being scheduled in the first half of 2029. Most other regions are listing into 2027. ACAS received over 135,000 early conciliation notifications between April 2025 and February 2026; the highest number on record by a significant margin.
What this means for employers
A claim lodged today may not reach a hearing for two or three years. During that time, the dispute doesn't sit quietly in a filing cabinet. Extended timelines make claims more challenging to defend, as witnesses may leave the organisation and be unable to recall the detail of events that took place many months or even years earlier. Legal costs accumulate. Management time is diverted. Uncertainty hangs over the business.
And it is going to get worse before it gets better. The implementation of new rights under the Employment Rights Act 2025 is expected to increase demand by a further 15–20%. In April 2026, the protective award for collective redundancies doubles to 180 days. From January 2027, the qualifying period for unfair dismissal claims drops to six months. Each change will add further volume to an already congested system.
The employer response
The best protection is prevention. Audit your policies, train your line managers, keep clear and contemporaneous records, and consider the best use of ACAS conciliation when disputes arise. Where settlement is a realistic option, weigh it carefully against the prospect of a hearing that could be years away.
The queue is long, and getting longer.
Contact the Horsfield Menzies employment team for advice on managing your tribunal exposure.
