Employment Tribunal Backlog Hits 25,000: 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 grew 234% in twelve months, reaching 25,267 open cases by Q2 2025/26. The mean time to resolve a claim is 28 weeks, but this ranges from 26 weeks for wages and working time claims to 34 weeks for sexual orientation discrimination. A quarter of all claims are cleared within 14 weeks; a quarter take longer than 40 weeks.
Last updated: February 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 it has been in years.
This guide uses official Ministry of Justice data 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 July to September 2025), the mean time to clearance for all single claims is 28 weeks. That average disguises a wide range.
The statistics break clearance times into percentiles, showing how quickly the fastest and slowest cases are resolved:
| Claim type | 25% cleared within | Median (50%) | 75% cleared within | Mean |
|---|---|---|---|---|
| All claims | 14 weeks | 25 weeks | 40 weeks | 28 weeks |
| Working Time Directive | 13 weeks | 22 weeks | 36 weeks | 26 weeks |
| Unauthorised deductions (wages) | 14 weeks | 23 weeks | 37 weeks | 26 weeks |
| Insolvency/redundancy | 15 weeks | 25 weeks | 39 weeks | 28 weeks |
| Unfair dismissal | 16 weeks | 27 weeks | 42 weeks | 30 weeks |
| Breach of contract | 18 weeks | 27 weeks | 41 weeks | 30 weeks |
| Sex discrimination | 13 weeks | 27 weeks | 44 weeks | 30 weeks |
| Disability discrimination | 16 weeks | 29 weeks | 44 weeks | 31 weeks |
| Age discrimination | 14 weeks | 29 weeks | 46 weeks | 32 weeks |
| Race discrimination | 19 weeks | 32 weeks | 46 weeks | 33 weeks |
| Religious belief | 18 weeks | 30 weeks | 45 weeks | 33 weeks |
| Sexual orientation | 21 weeks | 33 weeks | 44 weeks | 34 weeks |
| Equal pay | 20 weeks | 40 weeks | 51 weeks | 37 weeks |
A few patterns are clear.
Financial claims resolve fastest. Working time and wages claims have a mean clearance of 26 weeks, two weeks quicker than the overall average. These tend to involve clearer factual disputes and are more likely to result in early settlement or default judgment.
Discrimination claims take longest. Sexual orientation claims average 34 weeks, race and religion average 33 weeks, and disability averages 31 weeks. These cases typically involve more complex evidence, are more likely to require a multi-day hearing, and generate larger volumes of documentation.
The spread matters as much as the average. For unfair dismissal, the fastest quarter of claims are cleared within 16 weeks, but a quarter take longer than 42 weeks. If your case goes to a contested hearing rather than settling early, expect to be closer to the upper end.
Why do some claims take longer?
Several factors affect how long your case could take.
Claims that settle through ACAS or are withdrawn tend to resolve within the first few months. According to the disposal data, 30% of claims settle through ACAS and 26% are withdrawn. Those cases make up the majority of the "fast" results in the percentile data.
Claims that proceed to a full hearing take much longer. A hearing date needs to be listed, evidence exchanged, witness statements prepared, and the hearing itself conducted. For complex cases involving multiple days, the listing alone can take months.
Discrimination and whistleblowing cases are typically more evidence-heavy. They often involve inference from a pattern of behaviour rather than a single event, which means more documents, more witnesses, and longer hearings.
The backlog itself adds delay. With more cases entering the system than leaving it, listing times are being pushed further out.
The backlog: 25,000 cases and growing
The open caseload for single claims on the Reform system has grown sharply over five quarters:
| Quarter | Open single claims | Quarter-on-quarter change |
|---|---|---|
| Q2 2024/25 | 7,571 | — |
| Q3 2024/25 | 11,515 | +52% |
| Q4 2024/25 | 15,567 | +35% |
| Q1 2025/26 | 20,618 | +32% |
| Q2 2025/26 | 25,267 | +23% |
That is a 234% increase in twelve months. Every quarter, substantially more claims are filed than resolved. In Q2 2025/26, 9,131 new single claims were accepted but only 4,122 were disposed of, so the backlog grew by around 5,000 cases in a single quarter.
The largest backlogs by claim type at Q2 2025/26:
| Claim type | Open cases | Growth (12 months) |
|---|---|---|
| Unfair dismissal | 13,298 | +254% |
| Disability discrimination | 8,549 | +262% |
| Breach of contract | 6,584 | +196% |
| Unauthorised deductions | 6,504 | +222% |
| Whistleblowing | 4,298 | +298% |
| Race discrimination | 4,175 | +281% |
| Working time | 4,051 | +232% |
Whistleblowing cases have the fastest-growing backlog at 298%, driven by claims more than doubling over the past year.
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 you are complaining about. (Under the Employment Rights Act 2025, this is expected to extend to six months from October 2026, but the change is not yet in force.)
It could mean a longer wait for a hearing date. Reports from employment lawyers suggest some regions are listing cases for 2027 and beyond. Complex discrimination and whistleblowing claims, which require multi-day hearings, are particularly affected.
Early resolution may become more attractive. With longer waits ahead, both sides may have more reason to settle. The ACAS settlement rate of 30% could increase as claimants and employers weigh up the cost and uncertainty of waiting.
Gathering evidence early matters more than ever. Witnesses move on, memories fade, and documents can be harder to obtain as time passes. Starting the evidence-gathering process as soon as you become aware of a potential claim strengthens your position regardless of how the case is resolved.
For cases that are likely to be complex or drawn out, speaking with a solicitor early on can help you understand your options and manage the timeline.
The Employment Rights Act 2025 and future impact
The Employment Rights Act 2025 received Royal Assent on 18 December 2025 and introduces several changes that are expected to increase claim volumes further:
| Change | Expected date |
|---|---|
| Unfair dismissal qualifying period: 2 years → 6 months | January 2027 |
| Tribunal time limits: 3 months → 6 months | October 2026 |
| Unfair dismissal compensation cap removed | 2027 (date TBC) |
| Fair Work Agency established | April 2026 |
Government estimates suggest an additional six million workers could gain unfair dismissal rights once the qualifying period change takes effect. Combined with extended time limits, the number of claims entering the system is expected to increase significantly.
Current time limits apply until the changes come into force. If you have a workplace issue now, the existing three-month deadline applies.
For guidance on your specific situation, including eligibility and next steps, try our free assessment. Learn more about our claims packages, or create a free account to get started.
Frequently Asked Questions
How long does an employment tribunal claim take in 2025?
The mean time to clearance for all single claims is 28 weeks. The fastest quarter of cases are resolved within 14 weeks, while a quarter take longer than 40 weeks. Financial claims (wages, working time) average 26 weeks. Discrimination claims average 30 to 34 weeks.
What is the current employment tribunal backlog?
The open caseload for single claims reached 25,267 at the end of Q2 2025/26, a 234% increase in twelve months. Including multiple claims, the total open caseload is over 500,000.
Which tribunal claims take the longest?
Equal pay claims take the longest, with a mean clearance of 37 weeks and a median of 40 weeks. Among discrimination claims, sexual orientation (34 weeks) and race/religion (33 weeks) are the slowest. Working time and wages claims (26 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 you are complaining about. Late claims are rarely accepted.
Will the Employment Rights Act 2025 make the backlog worse?
It is expected to increase claim volumes. The reduction in the unfair dismissal qualifying period from two years to six months (expected January 2027) and extended time limits from three to six months (expected October 2026) are both likely to bring additional claims into the system.
Is it better to settle or go to tribunal?
That depends on your circumstances. Currently, 30% of claims settle through ACAS and 84% are resolved without a hearing. With the growing backlog extending waiting times, early settlement may be worth considering, though the right approach depends on the strength of your case and what you are trying to achieve.
Sources
- "Employment Tribunal Statistics, Table T_3: Mean Time to Clearance", Ministry of Justice / HM Courts & Tribunals Service, Jul–Sep 2025 — https://www.gov.uk/government/collections/tribunals-statistics
- "Employment Tribunal Statistics, Table ET_4_R: Open Caseload by Jurisdiction", Ministry of Justice / HM Courts & Tribunals Service, Q2 2025/26 — https://www.gov.uk/government/collections/tribunals-statistics
- "Employment Tribunal Statistics, Table ET_1_R: Receipts by Jurisdiction", Ministry of Justice / HM Courts & Tribunals Service, Q2 2025/26 — https://www.gov.uk/government/collections/tribunals-statistics
- Employment Rights Act 2025 — https://www.legislation.gov.uk/ukpga/2025
- "Employment Rights Act 2025", ACAS — https://www.acas.org.uk/employment-rights-bill
- "Early Conciliation", ACAS — https://www.acas.org.uk/early-conciliation