Longer Delays for Employment Tribunal Claims

The Ministry of Justice’s (MoJ’s) Tribunal Statistics

Published on the 12^th of March 2026, the MoJ’s quarterly statistics highlights continuing and significant pressure on the Employment Tribunal system.

Between October and December 2025 (Q3 2025/26), the Employment Tribunals received 13,000 new single claims but disposed of only 5,700, leaving an open caseload of 58,000 single claims at the end of December 2025. This represents the highest level of outstanding single claims going back to Q3 2021/22. 

The picture is even starker for multiple claims. During the same period, the Tribunal received 590 new multiple cases. Each multiple case can involve large groups of linked claims. In total, the statistics highlighted a substantial 466,000 multiple claims still outstanding.

This is all leading to long delays for cases to be heard. 

Effect of the Employment Rights Act (ERA) 2025

Looking ahead, further strain appears inevitable. From 1 January 2027, the ERA 2025 will reduce the qualifying period for unfair dismissal claims from two years to six months. In addition, the statutory cap on the compensatory award for unfair dismissal will be removed entirely (the cap is currently £123,543 from 6 April 2026).

The Government’s ERA 2025 Economic Analysis, published in January 2026, anticipates that the reforms could lead to an increase in cases reaching Acas and the Employment Tribunal by around 17%. This estimate reflects the cumulative impact of the ERA as a whole, not just the unfair dismissal reforms, but nevertheless signals a further rise in demand on an already stretched system.

For employers, this combination of longer waiting times, increased claim volumes and higher financial exposure reinforces the importance of early risk assessment, robust processes, and proactive dispute resolution wherever possible.

At SE-Solicitors, our employment team works with businesses to prevent problems before they arise, and to guide them through difficult processes with clarity and confidence. Whether you are dealing with a disciplinary, tackling under-performance, or responding to a grievance, early advice makes all the difference and can help prevent Employment Tribunal claims. We can also advice and represent you in Employment Tribunal claims should they arise.

Sources

Employment tribunal quarterly statistics report substantial increase in claims | Practical Law

Tribunal Statistics Quarterly: October to December 2025 – GOV.UK

Minutes of employment tribunals national user group meeting 7 October 2025 (England and Wales): points of interest | Practical Law

*Employment Rights Act 2025: economic analysis

The contents of this article are a general guide only at the date of publication. It is not comprehensive, and it does not constitute legal advice. Specific legal advice should be sought in relation to the particular facts of a given situation.