In some parts of London and the South East, Tribunal hearings are now being scheduled years in advance. For example, longer hearings (around five days) in South London are already being listed into early 2029. That’s a huge delay.
Other regions are still managing to list cases in 2026 or 2027, but delays are still longer than most businesses would expect.
One of the biggest issues is a shortage of judges.
A recent recruitment campaign aimed to hire 36 full-time judges – but only managed to secure around 25. The entire shortfall is in London. This is mostly due to the high cost of living and reluctance for candidates to relocate.
A new recruitment drive is underway, but in the meantime, this gap is contributing to the growing backlog.
Employment Tribunal claims are now at post-pandemic highs.
That’s a significant volume – and it’s one of the main reasons delays are increasing.
It’s not just the number of claims – it’s the type of claims too.
Today, around 61% of cases are “open track”, meaning they’re more complex and typically involve issues like:
To put that in context, this used to be closer to 20–25% a couple of decades ago.
There’s also been a noticeable rise in longer, more detailed claims – partly linked to AI-assisted drafting, which can make documents more complex and time-consuming to deal with.
The number of whistleblowing claims is expected to rise further with sexual harassment being added under the ‘whistleblowing’ protections.
Disability discrimination is now the most common type of discrimination claim, making up roughly half of all such cases.
For employers, this highlights the importance of:
The reasons for increased discrimination claims can be due to other factors.
Currently compensation is limited for unfair dismissal claims to 52 weeks gross pay or approx. £118,000.00, whichever is lower, which has seen individuals bring claims of discrimination alongside unfair dismissal to seek damages over and above this cap as discrimination awards are currently uncapped. In January 2027 the compensation cap is being removed. It is hoped that with the removal of the unfair dismissal award pay cap that claims for unfair dismissal will be simplified as there won’t be the need or want to bring other claims in to circumvent the cap. And that claims will be much clearer.
It has also been observed that with the 2 year continuous service period needed to bring an unfair dismissal claim, discrimination/whistleblowing claims have been submitted instead of unfair dismissal claims to circumvent the 2 year eligibility criteria as discrimination or whistleblowing claims trump the 2 year service requirement. In January 2027 it is proposed to reduce the unfair dismissal right from 2 years to 6 months, so this may also see more straight forward unfair dismissal claims and less complex discrimination/whistleblowing claims.
Judges and Tribunal staff are already working at capacity.
The pressure comes from multiple directions:
In short, the system isn’t slowing down anytime soon.
Before most claims reach a Tribunal, they go through early conciliation (aka mediation) via ACAS, which is a service claimants and respondents can opt into that aims to resolve workplace disputes before a tribunal claim is lodged.
That system is also seeing record demand:
On 1st December 2026 – the ACAS early conciliation period extended from 6 to 12 weeks, the aim of doubling it is to allow more time for negotiations and resolution in the hope that it will reduce tribunal claims and caseload, but it actually could further compound the existing delays for a conciliator to be appointed.
So, what should you take away from all of this?
The Employment Tribunal system is under strain, and that’s unlikely to change in the short term.
For employers, the best approach is to stay proactive: manage issues early, seek advice when needed, and don’t assume matters will be resolved quickly if they escalate. Strong documentation, fair processes, and early intervention have never been more important.
At Metro HR, we support businesses with practical, commercially focused HR advice to help reduce risk, resolve issues early, and navigate complex employee relations matters with confidence.
If you’d like support reviewing your policies, managing a current issue, or strengthening your HR processes, we’d be happy to help.
Book a complimentary consultation call using the button below:
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