What Will Happen in My Breach of Contract Case? The Only Claim Type Declining
This article applies to England, Wales and Scotland.
Important: This guide provides information about UK employment law. It is not legal advice. Every situation is different. If you are dealing with a workplace dispute, consider speaking to a solicitor for advice specific to your circumstances.
In brief: Breach of contract is the only major tribunal claim type that declined year-on-year, falling 4% to 1,631 complaints in Q2 2025/26. Despite the decline, it has one of the higher hearing success rates at 8%. Of disposed claims, 27% settled through ACAS conciliation, 7% resulted in default judgment, and the average case takes 30 weeks to clear.
Last updated: February 2026
If your employer has broken the terms of your employment contract, whether by dismissing you without proper notice, changing your pay or hours without agreement, or failing to honour a contractual entitlement, you are looking at one of the more clear-cut types of tribunal claim. Breach of contract cases have one of the higher success rates at a full hearing, and they are the only major claim type where numbers have actually fallen in the past year.
The figures in this article come from the Ministry of Justice's Employment Tribunal Statistics (Reform system data), covering Q2 2024/25 through Q2 2025/26.
How many people are in your position?
Breach of contract is the fourth most common tribunal complaint. In Q2 2025/26 (July to September 2025), 1,631 complaints were filed, representing 18% of all single claims.
| Quarter | Breach of contract complaints | Share of all claims |
|---|---|---|
| Q2 2024/25 (Jul-Sep 2024) | 1,699 | 29% |
| Q3 2024/25 (Oct-Dec 2024) | 1,503 | 23% |
| Q4 2024/25 (Jan-Mar 2025) | 1,587 | 21% |
| Q1 2025/26 (Apr-Jun 2025) | 1,610 | 18% |
| Q2 2025/26 (Jul-Sep 2025) | 1,631 | 18% |
Breach of contract is the only major claim type to show a year-on-year decline, falling 4% from 1,699 to 1,631 complaints. The share of total claims dropped from 29% to 18%, partly because other claim types (particularly unfair dismissal and discrimination) have grown much faster.
The most common breach of contract claims at tribunal involve wrongful dismissal (dismissal without proper notice or notice pay), failure to pay contractual entitlements such as bonuses or commission, and unilateral changes to terms and conditions. Many breach of contract claims are filed alongside unfair dismissal, particularly where someone was dismissed without their contractual notice period.
Tribunals can only hear breach of contract claims that arise from or are outstanding at the termination of employment, and the maximum award is capped at £25,000. Claims for larger amounts or claims arising during ongoing employment need to go through the county court instead.
How will your case most likely end?
The tribunal disposed of 1,045 breach of contract complaints in Q2 2025/26. Here is how they were resolved:
| Outcome | Percentage | What it means |
|---|---|---|
| ACAS conciliated settlement | 27% | Settled through ACAS before hearing |
| Withdrawn or dismissed | 39% | Claim withdrawn by claimant or dismissed by tribunal |
| Default judgment | 7% | Employer failed to respond, claimant won by default |
| Successful at hearing | 8% | Went to full hearing, claimant won |
| Unsuccessful at hearing | 6% | Went to full hearing, employer won |
| Struck out | 4% | Tribunal removed the claim |
| Other | 9% | Includes various procedural outcomes |
The 8% hearing success rate is among the higher rates across claim types, behind working time (11%), redundancy pay (10%), and wages (9%). The reason breach of contract performs well at hearing is similar to wages claims: these disputes tend to involve clearer factual questions. Did the employer give proper notice? Does the contract include the disputed entitlement? Was the contractual term breached? These questions often have documentary answers.
If you imagine 100 breach of contract claims filed today, roughly 27 would settle through ACAS, 7 would win by default because the employer did not engage, and only 14 would reach a full contested hearing, where 8 would win and 6 would lose. The remaining 52 would be withdrawn, struck out, or resolved through other procedural routes.
How long will it take?
Breach of contract cases take slightly longer than average:
| Percentile | Breach of contract | All claims |
|---|---|---|
| 25th (fastest quarter) | 18 weeks | 14 weeks |
| Median (middle case) | 27 weeks | 25 weeks |
| 75th (slower cases) | 41 weeks | 40 weeks |
| Mean (average) | 30 weeks | 28 weeks |
The average breach of contract case takes 30 weeks, two weeks longer than the all-claims average. The 25th percentile is 18 weeks, notably slower than the 14-week average across all claims. This is partly because breach of contract claims that are filed alongside unfair dismissal (which is common) follow the slower unfair dismissal timeline.
For a detailed breakdown of timelines across all claim types, see our full waiting times analysis.
The backlog: what is waiting ahead of you
The open caseload for breach of contract stands at 6,584 complaints as of Q2 2025/26, up from 2,221 a year earlier. That is a 196% increase in twelve months.
| Period | Open breach of contract cases | Total open caseload | Share of backlog |
|---|---|---|---|
| Q2 2024/25 | 2,221 | 7,571 | 29% |
| Q2 2025/26 | 6,584 | 25,267 | 26% |
The 196% growth rate is the slowest of any major claim type, reflecting the fact that breach of contract receipts have been flat or declining. The share of the total backlog fell from 29% to 26%.
What this means for you
The data suggests breach of contract claims are among the more favourable types of tribunal complaint from a claimant's perspective.
Your chances at a hearing are good. At 8%, breach of contract has one of the higher hearing success rates. The factual, documentary nature of these disputes makes them easier to prove than discrimination or unfair dismissal claims. If you have a clear written contract and evidence of what your employer did or failed to do, you are in a strong position.
The £25,000 cap matters. Tribunal breach of contract claims are capped at £25,000. If your claim is worth more than this, you may need to consider county court proceedings instead (or in addition). For claims under £25,000, the tribunal route is generally faster and cheaper.
Be aware of employer counterclaims. Under the same Extension of Jurisdiction Order that gives tribunals power to hear breach of contract claims, employers can counterclaim up to £25,000 against you. This most commonly happens where an employer alleges that you resigned without giving proper notice. If you are considering bringing a breach of contract claim, factor in whether your employer might have a counterclaim.
Settlement is a realistic outcome. At 27%, the ACAS settlement rate is in line with the average across all claim types. Since breach of contract claims often involve clearly quantifiable losses (unpaid notice pay, withheld bonus, etc.), both sides can usually calculate what is at stake, which can make negotiation simpler.
Filing alongside unfair dismissal is common. If you were dismissed without proper notice, you likely have both an unfair dismissal and a breach of contract claim. Filing both together is standard practice and does not slow down the process, as they are heard at the same time.
Time limits still apply. You need to start ACAS early conciliation within three months minus one day of the breach (usually your termination date). The backlog does not extend your deadline. Note that the Employment Rights Act 2025's extension of tribunal time limits from three to six months (expected October 2026) does not apply to breach of contract claims, which will remain at three months.
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Frequently Asked Questions
How many breach of contract tribunal claims are filed?
In Q2 2025/26, 1,631 breach of contract complaints were filed. This was a 4% decline on the same quarter the previous year, making it the only major claim type to fall. Breach of contract accounts for around 18% of all tribunal claims.
What percentage of breach of contract claims succeed?
Around 8% succeed at a full tribunal hearing, one of the higher rates across claim types. Another 7% result in default judgment. In total, 27% settle through ACAS.
How long does a breach of contract tribunal case take?
The average is 30 weeks from filing to resolution. The fastest 25% of cases clear within 18 weeks, while 25% take 41 weeks or more. Cases filed alongside unfair dismissal tend to follow the slower unfair dismissal timeline.
What is the maximum award for breach of contract at tribunal?
The maximum award for a breach of contract claim at an employment tribunal is £25,000. If your claim exceeds this amount, you would need to pursue it through the county court, or bring a partial claim at tribunal and the remainder at county court.
Is breach of contract the same as wrongful dismissal?
Wrongful dismissal is a type of breach of contract claim. It specifically refers to dismissal without proper contractual notice (or notice pay in lieu). Other breach of contract claims can include failure to pay contractual bonuses, unilateral changes to terms, or failure to provide contractual benefits.
Sources
- "Employment Tribunal Statistics, Tables ET_1_R, ET_2_R, ET_4_R, T_3", Ministry of Justice / HM Courts & Tribunals Service, 2025 - https://www.gov.uk/government/collections/tribunals-statistics
- "Tribunal Statistics Quarterly: January to March 2025", Ministry of Justice, 2025 - https://www.gov.uk/government/statistics/tribunals-statistics-quarterly-january-to-march-2025/tribunal-statistics-quarterly-january-to-march-2025
- Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994 - https://www.legislation.gov.uk/uksi/1994/1623/contents/made
- "Breach of contract", ACAS - https://www.acas.org.uk/breach-of-contract