The pressure on the Employment Tribunal system continues to grow, with increasing numbers of claims contributing to a substantial backlog and lengthy waits for cases to be resolved.

Recent reports have highlighted cases being listed for hearings years into the future, creating uncertainty for both employers and employees.

The latest Ministry of Justice figures reinforce the scale of the challenge. Between April and June 2026, Employment Tribunals received around 14,000 single claims but disposed of only around 6,100.

By the end of June 2026, there were approximately 70,000 single claims in the open caseload, an increase of 51% compared with the same period the previous year.

So, what does this mean for employers, and what can businesses do to reduce the risk of becoming caught up in a lengthy Tribunal dispute?

Why is the Employment Tribunal backlog growing?

One of the clearest issues is that new claims are entering the system faster than existing cases are being resolved.

Single Employment Tribunal claim receipts increased by 28% between April and June 2026 compared with the same quarter in 2025, while disposals fell by 6%.

This follows a similar pattern across the previous financial year. In 2025/26, around 50,000 single claims were received compared with approximately 26,000 disposals.

When more cases are received than completed, the outstanding caseload inevitably grows.

The Ministry of Justice has confirmed that the single-claim open caseload has now reached its highest level in the current data series.

What does a Tribunal backlog mean for employers?

For an employer facing an Employment Tribunal claim, delays can have a much wider impact than simply waiting longer for a hearing.

A case that remains unresolved for a prolonged period can mean:

• Continued legal costs and management time
• Employees and former employees needing to give evidence long after the events took place
• Greater difficulty locating documents or recalling exactly what happened
• Ongoing financial uncertainty around the potential outcome of a claim
• Additional pressure on managers and employees involved in the dispute
• A workplace issue remaining unresolved for considerably longer than anticipated

Even where an employer is confident in its position, defending a claim can take significant time and resources.

Our Employment Law for Business team supports employers with workplace disputes and Employment Tribunal proceedings, from responding to a claim through to representation at a Tribunal hearing.

This makes preventing workplace disputes and dealing with issues effectively at an early stage, increasingly important.

Good HR processes matter more than ever

Not every workplace dispute can be avoided, and employers cannot prevent an employee or former employee from bringing a claim.

However, good HR practices can significantly reduce risk and put an organisation in a much stronger position if a claim does arise.

Employers should make sure that managers understand the importance of following fair and consistent procedures when dealing with issues such as:

• Disciplinary action and grievances
• Performance and capability concerns
• Sickness absence
• Redundancies and restructures
• Flexible working requests
• Discrimination and reasonable adjustments
• Workplace complaints and allegations of harassment
• Dismissals

For organisations that need practical support managing these issues, our HR team works alongside our employment Solicitors and Lawyers to help employers manage workplace matters fairly and consistently.

Keeping clear records is also essential.

If a case does not reach a final hearing for a considerable period, contemporaneous documents such as meeting notes, correspondence, investigation records and decision letters can become extremely important evidence.

Redundancy and restructuring decisions

Redundancies and restructures can be a particular source of disputes where the correct process has not been followed.

Employers need to ensure there is a genuine redundancy situation, appropriate consultation takes place and any selection process is handled fairly and objectively.

Our Redundancy guidance for employers explains more about redundancy payments, selection criteria and how employers can manage the process while reducing the risk of a Tribunal claim.

Consider whether disputes can be resolved earlier

A Tribunal hearing is not always the only way to resolve an employment dispute.

Depending on the circumstances, employers may want to consider whether an issue can be addressed through internal procedures, mediation, ACAS Early Conciliation or a settlement agreement.

That does not mean employers should settle every potential claim simply to avoid the Tribunal process. Each situation needs to be considered on its individual facts, including the merits of the case, potential costs, commercial impact and wider implications for the organisation.

Taking employment law advice for your business early can help you understand your options before a workplace problem develops into a more complex dispute.

Further Employment Rights Act changes are approaching

The increasing Tribunal caseload also comes at a time of significant change to employment law.

The Employment Rights Act 2025 is introducing reforms in stages, with further important changes taking effect during late 2026 and into 2027.

For employers, this makes reviewing existing HR processes, policies and manager training particularly important. Understanding new rights and ensuring managers know how to apply them in practice can help prevent avoidable disputes.

We have developed our Employment Rights Act 2025: Preparing Your Workplace for What’s Next training programme to help employers and managers prepare for some of the key reforms, including changes around trade unions, preventing sexual harassment and the new six-month unfair dismissal qualifying period.

What should employers do now?

Employers do not need to wait until a Tribunal claim arrives before taking action.

Now is a good opportunity to review whether:

• Your employment contracts, policies and procedures are up to date
• Managers understand how to handle disciplinaries, grievances and performance concerns
• Important HR decisions are properly documented
• Employees are treated fairly and consistently
• Your organisation is prepared for the next Employment Rights Act changes
• Managers know when they should seek HR or employment law advice

A relatively small issue can become significantly more difficult and expensive, if the correct process is not followed from the outset.

Training can also help managers recognise potential problems and deal with them appropriately before they escalate. Our HR Training Courses cover areas including disciplinaries and grievances, workplace investigations, dismissals, sickness absence, difficult conversations and preparing for an Employment Tribunal.

How Bhayani Law can help

At Bhayani Law, our employment lawyers and HR professionals support employers throughout the employment relationship, from preventing workplace disputes to defending Employment Tribunal proceedings.

We can help with:

• Managing disciplinary and grievance procedures
• Performance and absence management
• Redundancy and restructuring
• Settlement agreements and workplace disputes
• Reviewing employment contracts, policies and procedures
• Preparing for Employment Rights Act changes
• Employment Tribunal claims and representation
• Training managers to handle difficult workplace situations correctly

Our Watertight HR & Legal plans also give employers ongoing access to specialist HR and employment law support, helping organisations deal with workplace issues early before they become more serious.

Facing an Employment Tribunal claim or concerned about a workplace dispute?

Getting advice early can help you understand your options, manage risk and decide on the most appropriate way forward.

Speak to our Employment Law and HR team on 0333 888 1360 or email [email protected].