The Employment Tribunal is grappling with an increasing number of cases, prompting calls for goverment intervention ahead of the implementation of the Employment Rights Bill. Recent data highlights the strain on the system, with concerns raised about its capacity to handle a potential surge in litigation.

Figures indicate that while 32,000 single claim cases were resolved, 45,000 single claims remained open at the end of March. The employment Lawyers association (ELA) is urging the Government to allocate more resources to Tribunals before the Employment Rights Bill takes effect, potentially as early as Spring 2026.

Caspar Glyn KC, chair of the ELA, expressed his concerns, stating, “The past figures are of real concern, but of yet more concern is the future.”

According to Glyn KC,unfair dismissal cases constitute the largest portion of the caseload,accounting for 22 per cent. Currently, employees must be employed for two years before they can file such a claim.

Impact of the Employment Rights Bill

“The tribunal cannot cope with the rising tide of employment litigation.”

One of the key provisions of the new bill is that employees will be able to bring claims from their first day of employment, a significant change from the existing two-year service requirement. This reform is anticipated to lead to a substantial increase in legal challenges against businesses.

Glyn KC warns that the Tribunal is already struggling with the current backlog.”The evidence is clear. The Tribunal cannot cope with the rising tide of employment litigation,” he stated.He further cautioned that “once the Employment Rights Bill is law, the Tribunal will drown under the weight of the increased litigation created by the new rights.”

Funding Allocation Concerns

Chancellor Rachel Reeves has announced a £7 billion allocation to the MoJ in her Spending Review, with up to £450 million earmarked for investment in the court system to alleviate delays across criminal courts. However, Glyn KC emphasized that “Unless a good proportion of this funding is made available to the Employment Tribunal, rather than only the criminal courts, then the new rights will be illusory.”

The ELA has proposed several measures to address the crisis, including increasing the number of judges and sitting days to expedite case processing, reducing the backlog, and boosting funding to address resource and staffing shortages within the Tribunal.

Glyn KC concluded, “The Government risks introducing a raft of new rights for workers but locking those rights up behind a system where justice delayed is justice denied.”