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 remains the only major tribunal claim type declining year-on-year, with 1,822 complaints filed in Q3 2025/26 (October to December 2025, provisional), down 4.3% on Q3 2024/25. Of disposed claims in Q3, 28% settled through ACAS conciliation, and 53% of cases that reached a hearing succeeded — the highest hearing success rate of any claim type with Q3 data. Mean clearance time has risen to 34 weeks.

Last updated: March 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 the highest hearing success rate of any claim type with Q3 2025/26 data, and remain the only major claim type where numbers have actually declined over 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 Q3 2025/26.

How many people are in your position?

Breach of contract is the sixth most common tribunal complaint by Q3 2025/26. In Q3 2025/26 (provisional), 1,822 complaints were filed.

Breach of contract is the only major claim type to show a year-on-year decline, down 4.3% from 1,903 to 1,822. Its share of total claims has fallen from 29% to 17% — not because absolute numbers have collapsed, but because all other claim types have grown sharply. There was also a notable dip in Q2 2025/26 to 1,631, with partial recovery in Q3.

The most common breach of contract claims involve wrongful dismissal (dismissal without contractual notice or notice pay), failure to pay contractual entitlements such as bonuses or commission, and unilateral changes to terms. Many are filed alongside unfair dismissal where someone was dismissed without their contractual notice period.

Tribunals can only hear breach of contract claims that arise at or from the termination of employment, and the maximum award is capped at £25,000. Claims for larger amounts need to go through the county court.

How will your case most likely end?

The tribunal disposed of 1,057 breach of contract complaints in Q3 2025/26 — one of the few claim types with full Q3 disposal data published. Here is how they were resolved:

The correct hearing success rate is: successful divided by (successful + unsuccessful) = 8% ÷ (8% + 7%) = 53% of cases that reached a hearing. This is the highest hearing success rate of any claim type with Q3 2025/26 data. The factual nature of breach of contract disputes — did the employer honour the contract or not? — makes them easier to prove than subjective claims like discrimination.

The 7% default judgment rate also remains high: some employers, particularly for clear-cut notice pay claims, choose not to engage with the tribunal process.

How long will it take?

Breach of contract cases have seen a significant increase in clearance times:

The average breach of contract case now takes 34 weeks, three weeks longer than the all-claims average and up from 30 weeks in Q2 2025/26. The 25th percentile has risen sharply to 21 weeks, partly because breach of contract claims are often filed alongside unfair dismissal, which follows a slower timeline as the overall backlog grows.

The backlog: what is waiting ahead of you

The open caseload for breach of contract stands at 7,280 as of Q3 2025/26, up from 3,475 a year earlier — a 109% increase. Despite being the slowest-growing major claim type, the backlog has more than doubled because receipts still outpace disposals every quarter.

What this means for you

Your chances at a hearing are the strongest of any claim type with Q3 data. 53% of breach of contract cases that reached a hearing in Q3 2025/26 were won by the claimant. Clear written contracts and documentary evidence of what was or was not paid give these claims a factual advantage.

Be aware of the £25,000 cap. Tribunal breach of contract claims are capped at £25,000. If your claim exceeds this, you may need county court proceedings instead.

Watch for employer counterclaims. Employers can counterclaim up to £25,000 against you — most commonly where they allege you resigned without proper notice. Factor this in if you are considering a breach of contract claim.

Settlement is realistic. At 28%, the ACAS settlement rate is in line with the overall average. Since breach of contract claims often involve clearly quantifiable losses, both sides can usually calculate what is at stake, which can simplify negotiation.

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. These are typically filed and heard together.

Time limits are strict. You need to start ACAS early conciliation within three months minus one day of the breach. 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 remain at three months.

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Frequently Asked Questions

How many breach of contract tribunal claims are filed?

In Q3 2025/26, 1,822 breach of contract complaints were filed (provisional), down 4.3% year-on-year — the only major claim type to decline. Breach of contract now accounts for around 17% of all tribunal claims.

What percentage of breach of contract claims succeed?

In Q3 2025/26, 53% of cases that reached a hearing succeeded — the highest hearing success rate of any claim type with Q3 data. Another 7% resulted in default judgment. 28% settle through ACAS.

How long does a breach of contract tribunal case take?

The mean is now 34 weeks (Q3 2025/26, provisional), up from 30 weeks a year ago. The fastest 25% clear within 21 weeks; 25% take 47 weeks or more.

What is the maximum award for breach of contract at tribunal?

The maximum is £25,000. If your claim exceeds this, 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 — specifically dismissal without proper contractual notice. Other breach of contract claims can include failure to pay contractual bonuses, unilateral changes to terms, or failure to provide contractual benefits.

Sources

1. "Employment Tribunal Statistics, Tables ET_1_R, ET_2_R, ET_3_R, ET_4_R, T_3", Ministry of Justice / HM Courts & Tribunals Service, Q3 2025/26 — GOV.UK Tribunals Statistics
2. Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994 — Employment Tribunals Extension of Jurisdiction Order 1994
3. "Breach of contract", ACAS — ACAS: Breach of Contract

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• Breach of Employment Contract: Your Complete UK Guide
• What Will Happen in My Unpaid Wages Claim?
• What Actually Happens to Employment Tribunal Claims? The Real Outcomes
• What Will Happen in My Unfair Dismissal Case? The Data Behind 5,481 Claims
• Employment Tribunal Backlog Passes 30,000: What This Means for Your Claim