The Employment Tribunal landscape is changing rapidly, and employers are increasingly feeling the pressure.

Recent Employment Tribunal statistics show a sharp rise in claims being issued, alongside growing backlogs and longer waiting times for hearings. Claims are at their highest post-pandemic levels with around 52,000 outstanding single claims before the Employment Tribunal, and waiting times continue to vary significantly by region. Whilst shorter hearings are potentially being listed within 2026, it is increasingly rare to have a final hearing listed within 12 months of the lodging of a claim form. Longer hearings are being pushed into 2028 and 2029.

At the same time, ACAS has reported around a 26% increase in Early Conciliation notifications, particularly in relation to discrimination claims, resulting in delays of approximately five weeks simply for cases to be allocated to a conciliator. The Early Conciliation period itself also increased to 12 weeks from December 2025, further extending the timeframe before claims can even reach the Tribunal system.

Unfair dismissal, disability discrimination, whistleblowing, and unlawful deductions claims remain among the most common types of complaint.

Unlike most civil claims, Employment Tribunal proceedings can be commenced with no issue fee, no requirement for legal representation, and relatively limited financial risk to claimants. As a result, many employers are finding themselves defending claims which may have little merit but still require substantial management time, legal costs, and internal resource to resolve.

At the same time, recovering legal costs in the Employment Tribunal remains notoriously difficult. Costs awards are the exception rather than the rule, even where claims are weak. This often leaves employers in the difficult position of having to incur significant defence costs regardless of the eventual outcome.

Current trends

We are continuing to see increasing volumes of:

·       Unfair dismissal claims, particularly involving procedural failings more so than unlawful decisions;

·       Disability discrimination claims, particularly involving stress, mental health, and neurodivergence;

·       Whistleblowing allegations being added to otherwise ordinary workplace disputes and claims; and

·       Multi-claim litigation where employees pursue several complaints simultaneously.

Many claims are becoming increasingly complex, with employees raising multiple vague causes of action within a single claim form, often requiring requests for further and better particulars and at least one preliminary hearing before the claims can proceed substantively.

There is also growing concern regarding increasingly document-heavy litigation, particularly in discrimination and whistleblowing claims. In particular, the increasing use of AI-generated material and extensive volumes of often irrelevant documentation produced by litigants-in-person are creating additional case management pressures for both the Tribunal and parties alike.

What’s next?

The position is likely to become even more challenging for employers over the next 18 months.

From January 2027, the qualifying service period for ordinary unfair dismissal claims is set to reduce from two years to six months under the Employment Rights Act 2025. This change will significantly expand the number of employees eligible to bring claims.

Alongside this, Employment Tribunal time limits are set to increase from three months to six months for many claims, creating a wider window for litigation.

Combined with an already stretched tribunal system, employers should anticipate:

·       Higher claim volumes;

·       Longer-running litigation;

·       Increased legal and management costs;

·       Greater scrutiny of dismissal procedures and workplace investigations; and

·       Increased pressure to resolve disputes commercially at an early stage.

The Employment Lawyers Association (ELA) has recently proposed a number of significant procedural reforms aimed at addressing the growing Tribunal backlog, including compulsory mediation for all claims and the introduction of a three-track system based on claim value and complexity. Suggested reforms include stricter judicial case management powers, early neutral evaluation, limits on hearing length and evidence volumes, and a more streamlined process for lower-value claims.

Whilst it remains to be seen whether any such reforms will be implemented, they reflect growing recognition across the profession that the current Employment Tribunal system is becoming increasingly difficult to navigate efficiently for both employers and employees alike.

Impacts for employers

Robust probationary procedures, well-documented performance management, consistent disciplinary processes, and properly conducted workplace investigations will become increasingly important in defending future claims.

Employers must ensure their management teams are well-trained and do not view HR processes as optional administrative exercises, particularly in relation to probation and performance management. Managers will also require greater support and training to ensure workplace decisions are properly evidenced and procedurally fair from the outset.

Even weak or speculative claims can take many months, or even years, to resolve given the current tribunal backlog.

How we can help

Our Employment Team regularly advises employers across a wide range of sectors on defending Employment Tribunal claims and reducing workplace litigation risk.

We can assist by:

·       Advising on day-to-day HR issues before they escalate into litigation;

·       Supporting investigations, disciplinary, grievance, redundancy, and dismissal processes;

·       Defending Employment Tribunal claims from ACAS Early Conciliation through to final hearing;

·       Providing strategic advice on settlement and commercial risk; and

·       Delivering practical training for HR teams and managers ahead of the upcoming legislative changes.

Whilst costs awards in the Employment Tribunal remain relatively rare, we also have strong experience pursuing costs applications in appropriate cases. We recently successfully obtained and enforced a costs order of £13,800 on behalf of one of our clients.

Next steps

The Employment Tribunal system is entering a period of significant change. With rising claim volumes, increasing delays, and expanded employee rights on the horizon, employers should take this opportunity to review their internal procedures and litigation readiness now.

Early advice and proactive risk management remain the best tools for avoiding costly disputes later.

If your business would like support navigating day-to-day HR issues, managing investigations or dismissal processes, defending an Employment Tribunal claim, or preparing for the forthcoming Employment Rights Act changes, our Employment Team would be happy to help.

We work with employers across a wide range of sectors to provide practical, commercially focused advice at every stage of the employment relationship.