Tribunal Claims Backlog Growing in Number and Complexity

Why It Matters

The surge in claim volume and complexity threatens to increase employers' legal costs and delay justice, while exposing systemic capacity gaps that could prompt policy reforms.

Key Takeaways

• Single employment claims up 60% since 2022‑23.
• Backlog projected to exceed 60,000 cases by 2026‑27.
• Open‑track claims now 60% of filings, 70% in London.
• Judge recruitment shortfall of 10.5 FTEs hampers London capacity.
• AI use cited as driver of claim complexity and longer hearings.

Pulse Analysis

The employment tribunal backlog has ballooned to unprecedented levels, driven by a 60% jump in single‑claim receipts and a shift toward more intricate open‑track cases. While the pandemic once stalled filings, the post‑COVID era shows a surge that eclipses historical norms, with the backlog expected to breach 60,000 by the end of 2026. This surge is not merely quantitative; the case mix has transformed, with complex discrimination and whistleblowing matters now dominating the docket, especially in London where they account for roughly 70% of filings.

Several interlocking factors are fueling the crisis. The rise of AI‑generated evidence has added layers of technical scrutiny, lengthening hearings and inflating procedural demands. Simultaneously, the Employment Rights Act 2025 expands claimant rights, projected to lift demand by another 15‑20%. Compounding these pressures is a staffing shortfall: the tribunal failed to fill 10.5 full‑time judge positions in London, forcing the region to defer hearings until as late as 2029. Regional disparities are stark, with the South East and London absorbing half of all cases yet lacking the judicial resources to keep pace.

For employers, the implications are immediate and costly. Longer tribunals translate into higher legal fees, delayed resolutions, and increased exposure to reputational risk. Companies must therefore prioritize early risk assessments, robust case‑management protocols, and proactive settlement strategies to mitigate the impact of a congested system. Policymakers, meanwhile, face mounting pressure to accelerate judicial appointments, streamline AI‑related evidentiary rules, and consider legislative tweaks that balance claimant protections with tribunal efficiency.