2025 baseline — current view elsewhere
This essay freezes the picture as it stood before Royal Assent, using Q2–Q4 2024/25 MoJ data. For how the backlog looks after the Employment Rights Act 2025, read ERA 2025 and the backlog.
Key Finding (as of Nov 2025)
Employment tribunal receipts had surged 28% in just six months (Q2-Q4 2024/25), while case resolutions struggled to keep pace. With the then-Bill set to add thousands more cases, the system faced a crisis that could render new rights meaningless.
The Numbers Tell a Stark Story
Ministry of Justice data from Q2-Q4 2024/25 reveals a tribunal system under unprecedented strain:
Receipts vs Disposals (Q2-Q4 2024/25)
Source: Ministry of Justice Employment Tribunal Statistics Q2-Q4 2024/25
- •Q2 2024/25: 5,806 cases received, 1,374 resolved (24% resolution rate)
- •Q3 2024/25: 6,472 cases received, 2,453 resolved (38% resolution rate)
- •Q4 2024/25: 7,440 cases received, 3,364 resolved (45% resolution rate)
While resolution rates are improving quarter-on-quarter, the sheer volume of new cases means the backlog continues to grow. The gap between receipts and disposals widened from 4,432 cases in Q2 to 4,076 in Q4-a persistent deficit that compounds existing delays.
What Happens to Cases?
Case Outcomes (Q2-Q4 2024/25 Combined)
Source: Ministry of Justice Employment Tribunal Statistics Q2-Q4 2024/25
The data reveals several critical insights:
- •29% settle through ACAS: The most common outcome, showing the value of early conciliation
- •44% withdrawn or dismissed: Combined withdrawals and dismissals upon withdrawal suggest many cases don't proceed due to complexity, cost, or settlement pressure
- •Only 10% reach hearing: Of those that do, around 60% succeed — but the vast majority of claims never get their day in court
The Most Common Claims
Top Jurisdictions (Q2-Q4 2024/25)
Source: Ministry of Justice Employment Tribunal Statistics Q2-Q4 2024/25
Unfair dismissal claims dominate, accounting for 7,823 cases across the three quarters. Disability discrimination (4,967 cases) and breach of contract (4,712 cases) follow closely. These top three categories alone represent over 17,500 claims-more than the total number of cases resolved in the same period.
The Employment Rights Bill: Adding Fuel to the Fire
The Employment Rights Bill, currently in parliamentary ping pong, will introduce sweeping changes that will inevitably increase tribunal caseloads:
Day One Rights
Unfair dismissal protection from day one of employment (removing the current two-year qualifying period) will dramatically increase the pool of potential claimants.
Fire and Rehire Ban
New protections against dismissal and re-engagement on worse terms will create a new category of claims.
Flexible Working
Enhanced rights to request flexible working from day one, with stricter employer obligations, will generate more disputes.
Zero Hours Contracts
New rights for zero-hours workers to guaranteed hours based on regular patterns will create complex enforcement challenges.
Reality Check
Government impact assessments estimate the Bill will generate thousands of additional tribunal cases annually. Yet there's been no corresponding announcement of increased tribunal capacity, funding, or judicial appointments.
The Human Cost of Delay
Behind these statistics are real people waiting months-sometimes years-for justice:
- •Workers who've lost their jobs and can't afford to wait for compensation
- •Discrimination victims whose mental health deteriorates during lengthy proceedings
- •Small businesses facing uncertainty and mounting legal costs
- •Cases that settle for less than they're worth because claimants can't afford to wait
The 44% withdrawal rate isn't just a statistic-it represents thousands of workers who gave up on justice because the system was too slow, too complex, or too expensive to navigate.
What Needs to Happen
The Employment Rights Bill is important legislation that will genuinely improve workers' protections. But rights without enforcement are just words on paper. The government must:
- Invest in tribunal capacity: More judges, more hearing rooms, more administrative support
- Strengthen ACAS early conciliation: The 29% settlement rate shows this works-it needs more resources
- Simplify procedures: Make the system more accessible for unrepresented claimants
- Provide better guidance: Help workers and employers understand their rights and obligations before disputes escalate
- Monitor and report: Regular publication of detailed statistics to track system performance
The Bottom Line
As of November 2025, the Employment Rights Bill represented a significant step forward for workers' rights. But without urgent investment in the tribunal system, those new rights risked becoming theoretical rather than practical. A 28% surge in cases over six months, with thousands more expected from the Bill, demanded immediate action.
The question wasn't whether workers deserve these rights — they do. It was whether the system could deliver them. On the Q2–Q4 2024/25 data, the answer was deeply concerning. See how that picture looks after the Act.
Related to this article
Sources & Methodology
- 1. Ministry of Justice Employment Tribunal Statistics Q2 2024/25 (July-September 2024)
- 2. Ministry of Justice Employment Tribunal Statistics Q3 2024/25 (October-December 2024)
- 3. Ministry of Justice Employment Tribunal Statistics Q4 2024/25 (January-March 2025)
- 4. Employment Rights Bill 2024-25, House of Commons Library Research Briefing
- 5. Employment Rights Bill Impact Assessment, Department for Business and Trade
- 6. Parliamentary debates on the Employment Rights Bill (October 2024 - November 2025)
All statistics are derived from official Ministry of Justice publications. Percentages are calculated from published aggregate data. The analysis represents the author's interpretation of publicly available data and does not constitute legal advice.