Employment Tribunal Backlog Passes 30,000: What This Means for Your Claim

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: The employment tribunal backlog for single claims has reached 30,784 open cases as of Q3 2025/26 (October to December 2025, provisional), up 167% year-on-year. The mean time to resolve a claim has risen to 31 weeks — up from 19 weeks a year ago, a 63% deterioration in twelve months. The tribunal is disposing of fewer than half the claims it receives, adding around 5,900 cases to the backlog every quarter. Disposal growth has stalled at around 10% while receipts keep rising.

Last updated: March 2026

If you are going through a workplace dispute, one of the first things you want to know is: how long will this take? The answer depends on your type of claim, how it is resolved, and how stretched the tribunal system currently is. Right now, the system is under more pressure than at any point since Reform ECM data began.

This guide uses official Ministry of Justice data from Q3 2025/26 to explain current tribunal timelines, the growing backlog, and what it could mean for your claim.

How long does a tribunal claim take?

According to Table T_3 of the tribunal statistics (covering October to December 2025), the mean time to clearance for all single claims is now 31 weeks. That is up from 28 weeks in Q2 2025/26 and 19 weeks in Q3 2024/25 — a 63% increase in a single year.

The statistics break clearance times into percentiles:

Every claim type has seen clearance times worsen significantly compared to a year ago.

Financial claims resolve fastest. Working time and wages claims average 29 weeks. These tend to involve clearer factual disputes and are more likely to result in early settlement or default judgment.

Discrimination claims take longest. Equal pay claims average 42 weeks, religious belief 39 weeks, age discrimination 37 weeks. These cases involve complex evidence, large volumes of documentation, and are more likely to require multi-day hearings.

The spread matters as much as the average. For unfair dismissal, the fastest quarter clear within 17 weeks, but 25% take longer than 47 weeks. If your case goes to a contested hearing rather than settling early, expect to be closer to the upper end.

Why are clearance times getting worse?

The core problem is structural. The tribunal system is receiving far more claims than it can process.

In Q3 2025/26, 10,424 new single claims were accepted but only 4,534 were disposed of — a clearance rate of 43.5%. Disposal growth has almost stalled: it grew 78% between Q2 and Q3 2024/25, then 45%, then 0.6%, then 15%, and now just 10%. The system has hit a capacity ceiling while receipts continue to rise.

At current disposal rates, clearing the existing backlog with zero new claims would take 6.8 quarters — nearly two years. With claims arriving at record levels every quarter, the backlog will keep growing.

The backlog: 30,000 cases and growing

That is a 167% increase year-on-year. The quarterly net addition averaged around 5,000 over the past year, with Q3 2025/26 the worst yet at +5,517.

The largest backlogs by claim type at Q3 2025/26:

Note: Q3 2025/26 open caseload is only partially available for individual claim types. Disability discrimination (10,746) and breach of contract (7,280) are confirmed from the Q3 ODS data.

What the backlog means for your claim

The backlog does not change your time limits. You must still begin ACAS early conciliation within three months minus one day of the issue. (Under the Employment Rights Act 2025, this is expected to extend to six months from October 2026.)

It means longer waits for a hearing date. Some regions are reporting listing dates for 2027 and beyond for complex claims. Discrimination and whistleblowing cases requiring multi-day hearings are particularly affected.

Early resolution may become more attractive. Both sides face increasingly long and uncertain waits if a case proceeds to hearing. The overall ACAS settlement rate of 29% could increase as claimants and employers weigh up the cost and delay.

Gathering evidence early matters more than ever. Witnesses move on, memories fade, and documents become harder to obtain. Starting evidence-gathering as soon as you become aware of a potential claim strengthens your position regardless of how the case resolves.

The Employment Rights Act 2025 and future impact

The Employment Rights Act 2025 received Royal Assent on 18 December 2025 and introduces changes expected to increase claim volumes further:

Government estimates suggest an additional six million workers could gain unfair dismissal rights once the qualifying period change takes effect.

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Frequently Asked Questions

How long does an employment tribunal claim take in 2026?

The mean time to clearance for all single claims is now 31 weeks (Q3 2025/26, provisional), up from 19 weeks a year ago. Financial claims average 29 weeks. Discrimination claims range from 34 to 42 weeks.

What is the current employment tribunal backlog?

The open caseload for single claims reached 30,784 at the end of Q3 2025/26 (provisional), a 167% increase year-on-year.

Which tribunal claims take the longest?

Equal pay claims take the longest at 42 weeks mean. Religious belief (39 weeks), age discrimination (37 weeks), and race discrimination (36 weeks) are also slow. Working time and wages claims (29 weeks) are the fastest.

Does the tribunal backlog affect my time limit?

No. Time limits are strict regardless of the backlog. You must begin ACAS early conciliation within three months minus one day of the issue.

Will the Employment Rights Act 2025 make the backlog worse?

It is expected to increase claim volumes. The reduction in the qualifying period and extended time limits are both likely to bring additional claims into a system already at capacity.

Is it better to settle or go to tribunal?

That depends on your circumstances. With the growing backlog extending waiting times, early settlement may be worth considering, but the right approach depends on the strength of your case and what you are trying to achieve.

Sources

1. "Employment Tribunal Statistics, Tables T_2, T_3: Time to Clearance", Ministry of Justice / HM Courts & Tribunals Service, Q3 2025/26 — GOV.UK Tribunals Statistics
2. "Employment Tribunal Statistics, Table ET_4_R: Open Caseload", Ministry of Justice / HM Courts & Tribunals Service, Q3 2025/26 — GOV.UK Tribunals Statistics
3. Employment Rights Act 2025 — Employment Rights Bill 2025

Related Guides

• UK Employment Tribunal Claims Hit Record Levels in 2025
• What Actually Happens to Employment Tribunal Claims? The Real Outcomes
• Employment Tribunal Claims: What You Need to Know (UK)
• Unfair Dismissal: Is It Worth Going to Tribunal?
• Why Are Employment Tribunal Claims Struck Out?