Mounting pressure on UK employment tribunals: backlogs and legal challenges
Aug 2025
The UK’s employment tribunal system is facing significant pressure, with the backlog of unresolved cases climbing to 49,800 by the end of 2024 — a 23% increase from the previous year. This delay affects approximately 450,000 individuals, with some unfair dismissal and discrimination cases now taking up to a year to resolve. A chronic shortage of qualified tribunal judges, coupled with the lingering impact of the Covid-19 pandemic and the 2017 abolition of tribunal fees, has left the system struggling to keep pace with demand.
Looking ahead, the forthcoming Employment Rights Act is expected to exacerbate the situation by expanding workers’ protections, including making unfair dismissal claims a “day-one” right. Legal experts warn this could spark a surge in claims, especially as businesses contend with rising wage costs and the possibility of redundancies. Small and medium-sized enterprises (SMEs) are particularly vulnerable, as prolonged legal uncertainty undermines their operational stability. Law firms and industry voices are urging the government to provide additional funding to address tribunal capacity and prevent further deterioration of the system.