Employment tribunal delays reach five years for unfair dismissal claims

Employment tribunal delays in England and Wales have reached up to five years for unfair dismissal claims. The latest figures show a backlog of almost 72,000 claims, an increase of nearly 26,000 in one year. The Employment Lawyers' Association has called for radical changes to address the backlog. Its chair, Caspar Glynn KC, said the system is not coping and will get worse without intervention.

Case example A woman whose husband died in 2024 filed a constructive unfair dismissal claim in February 2025. The full hearing is scheduled for 2029. She said she was told the process would take months or a year and a half. She now expects to sell the family home to fund the case because legal aid is unavailable.

Causes of delays The rise in complex discrimination and whistleblowing claims has lengthened hearing times. Self-represented claimants are using AI tools that generate lengthy filings, requiring judges to spend more time reviewing each case. Firms report difficulty defending cases when witnesses leave or become unavailable.

Some cases have been struck out because judges determined a fair trial was no longer possible.

Proposed reforms The Employment Lawyers' Association recommends a new dispute resolution body and AI screening to sort claims by complexity. Simple cases could be handled by legal officers rather than judges. A Ministry of Justice spokesperson said the government recognizes the pressures and is taking action to reduce the backlog and improve efficiencies.