Whilst Employment Tribunal backlogs and delays have always been something to contend with, the recent figures and Tribunal statistics we are seeing at this time highlight the growing concerns in relation to hearing delays.
For claim issued in Spring 2026, most will be waiting until at least Autumn 2027 for the first preliminary hearing and depending on the complexity of the case and the numbers of days required to hear the matter, in some cases the parties are facing delays of up to 5 years from the point at which the claim is issued, until the final hearing.
The ever-growing caseload and the Employment Tribunal’s efforts to manage this show the strain the system is under, and it is expected that with the reduction in qualifying periods and extended time limits on the horizon, this is only going to continue.
In 2025/26, the Employment Tribunal received 50,000 single claim receipts and disposed of 26,000 single claim cases.
There were 64,000 single claim open caseload at the end of March 2026.
There were 2,400 lead multiple cases received and 1,700 cases disposed of in 2025/26.
The number of open lead cases stood at 7,500 at the end of 2025/26. These lead multiples cover 44,000 Multiple claim receipts, 19,000 disposals and an open caseload of 467,000 at the end of March.
The Tribunal Statistics for the early part of 2026 can be reviewed in full here: Tribunal Statistics Quarterly: January to March 2026 – GOV.UK
There are various explanations for the significant increase in cases, this can in part is due to the changes in the law and Tribunal system. Another explanation, perhaps overlooked but certainly present in most cases at this time, is the introduction of AI litigation.
Whilst AI has gone a long way to support individuals representing themselves both in the workplace and in the Tribunal, the rise in complex litigation as result of claimants using AI to produce their documents, is leading to incredibly lengthy pleadings and lists of issues, and results in an enormous slowdown in proceedings, meaning many cases will take a long time to be heard by the Employment Tribunal.
The backlog of cases does not change the time limits required to bring a claim. Claimants are still required to begin ACAS early conciliation within three months minus one day of the date of the act complained of (for the time being). This will increase to 6 months from the 1st October 2026.
Once the ET3 (defence) has been filed, the initial time pressure for both parties is off. With most preliminary hearings not being listed until well over a year after a claim is issued, there is plenty of time to start preparing for the first hearing.
Equally with some listings for final hearings not being made until 2029, employers may look to ‘wait out’ a case. Employers will be anticipating that many claimants will not be prepared to fund or take part in a minimum 2-3 year claim process and therefore may seek to engage in minimal settlement discussions at an early stage, or not at all.
Whether a claim is worth pursuing will depend on a number of factors. The right approach can of course depend on the strength of a claim, and the resolve the claimant is seeking. However, claimants will need to recognise the significant amount of time, focus and potential impact on emotional wellbeing that the Tribunal process will have on them and consider whether proceeding with the Tribunal route is the best route for them.
Whether you are an employee or employer we would recommend having your case properly assessed by a legal professional to identify any pitfalls and prospects of success. Whilst there is always an element of litigation risk with any case, having a deeper understanding of your case will bolster any settlement negotiations and provide you with the reassurance that your case is worth pursuing or defending.
Our team can assist with a range of enquiries. If you have concerns about the Employment Tribunal process and want to seek advice on whether this route is for you or would like support in reviewing your claim and its prospects of success, please contact us on 01983 897003.
Appointments are available by telephone or via video call, so no matter where you are in England or Wales we can assist you.
The information contained in this blog post is provided for guidance and is a snapshot of the law at the time it is written. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
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