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 considering a tribunal claim, consider speaking to a solicitor for advice specific to your circumstances.
In brief: 4% of employment tribunal claims succeed at a full hearing. Around 29% settle through ACAS conciliation, 24% are withdrawn, and 91% of all claims are resolved without a hearing taking place (Q3 2025/26, provisional). Of cases that reached a hearing, 44% succeeded — but only 9% of disposed claims went to a hearing at all. Outcome rates vary significantly by claim type.
Last updated: March 2026
One of the biggest questions people have when thinking about taking action at work is: what are my chances? The honest answer is that most tribunal claims never reach a courtroom. Understanding where claims actually end up can help you prepare for the most likely scenarios and make better decisions about your own situation.
This guide uses the latest official outcome data from the Ministry of Justice (Q3 2025/26, covering October to December 2025, provisional) for aggregate figures, alongside Q2 2025/26 for per-claim-type breakdowns where Q3 data is not yet available.
The overall picture: how claims end
In Q3 2025/26, 4,534 single claims were disposed of on the Reform system, covering 9,331 jurisdictional complaints. Here is how those complaints were resolved:
| Outcome | Percentage of all disposed claims |
|---|---|
| ACAS conciliated settlement | 29% |
| Dismissed upon withdrawal | 24% |
| Withdrawn by claimant | 24% |
| Default judgment (employer did not respond) | 4% |
| Successful at hearing | 4% |
| Unsuccessful at hearing | 5% |
| Struck out (not at a hearing) | 4% |
| Dismissed at preliminary hearing | 1% |
| Other (discontinued, Rule 27, disposed) | 2% |
The critical finding: 91% of tribunal claims are resolved without a full hearing. Whether through ACAS settlement, withdrawal, or other routes, the vast majority of cases end before a judge makes a final decision on the merits.
Of those that do reach a hearing, 44% succeed. This is the correct way to express the hearing success rate: successful at hearing (4%) divided by successful plus unsuccessful (4% + 5%) = 44%. The 4% figure alone tells you how rarely claims reach a hearing — not what happens once they do.
ACAS settlement rates by claim type
ACAS early conciliation is mandatory before filing a tribunal claim, and it remains the single most common way claims are resolved. In Q3 2025/26, the overall ACAS settlement rate was 29%. Where Q3-specific outcome data is available by claim type:
| Claim type | ACAS settlement rate | Total disposed (Q3) |
|---|---|---|
| Disability discrimination | 32% | 1,255 |
| Breach of contract | 28% | 1,057 |
| Age discrimination | 26% | 245 |
For claim types without Q3-specific disposal breakdowns, the most recent complete quarterly data (Q2 2025/26) shows:
| Claim type | ACAS settlement rate (Q2) |
|---|---|
| Pregnancy/maternity | 41% |
| Unfair dismissal | 32% |
| Sex discrimination | 32% |
| Race discrimination | 31% |
| Whistleblowing | 30% |
| Unauthorised deductions | 25% |
| Working Time Directive | 24% |
| Redundancy pay | 17% |
Pregnancy and maternity claims consistently have the highest ACAS settlement rate. Redundancy pay claims have the lowest, likely because these cases more often involve factual disputes about entitlement rather than negotiated outcomes.
Success rates at a full hearing
The correct measure is: successful at hearing divided by (successful + unsuccessful). This gives the rate among cases that actually reached a hearing — not as a share of all disposals.
In Q3 2025/26, where claim-type breakdown is available:
| Claim type | Hearing success rate | Successful % of all | Unsuccessful % of all |
|---|---|---|---|
| Breach of contract | 53% of hearings | 8% | 7% |
| All claims (aggregate) | 44% of hearings | 4% | 5% |
| Age discrimination | 33% of hearings | 2% | 4% |
| Disability discrimination | 20% of hearings | 1% | 4% |
For claim types using Q2 2025/26 as most recent available:
| Claim type | Hearing success rate (Q2) |
|---|---|
| Working Time Directive | 79% of hearings |
| Redundancy pay | 71% of hearings |
| Unauthorised deductions | 69% of hearings |
| Unfair dismissal | 43% of hearings |
| Race discrimination | 25% of hearings |
| Whistleblowing | 0% of hearings |
Financial claims (working time, redundancy, wages) tend to succeed at hearing more often because they involve clearer factual questions: was overtime paid or not? Discrimination and whistleblowing cases require inference from a pattern of behaviour, which is harder to prove at a contested hearing. Strong discrimination cases tend to settle long before reaching a hearing.
Default judgments: when employers do not respond
In 4% of cases overall in Q3 2025/26, the employer fails to respond and the tribunal enters a default judgment for the claimant. This is most common in financial claims where smaller employers facing simple wage disputes sometimes do not engage with the process.
Claims struck out before a hearing
Around 4% of all claims are struck out before a full hearing. Claims can be struck out for failure to comply with tribunal directions, no reasonable prospect of success, or failure to actively pursue the claim. Responding to all tribunal correspondence promptly and meeting every deadline matters.
What this means for you
Most cases settle. Across all claim types, 29% settle through ACAS and many more resolve through negotiation. Being prepared for settlement discussions, and understanding the value of your claim, may matter as much as being prepared for a hearing.
Read the hearing rate correctly. 4% of all disposed claims succeed at hearing — but 91% of claims never reach a hearing. Of the 9% that do, 44% win. The question is not just whether you might win at hearing, but whether your case will get there at all.
Claim type affects likely outcomes. Financial claims succeed at hearing more often than discrimination or unfair dismissal claims. Discrimination claims are more likely to settle before a hearing.
Time limits are strict. You must begin ACAS early conciliation within three months minus one day of the issue. The backlog — now 30,784 open cases — does not extend this deadline.
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Frequently Asked Questions
What percentage of employment tribunal claims succeed?
Overall, 4% of claims succeed at a full hearing. Of those that actually reach a hearing, 44% win. 29% settle through ACAS conciliation, and 91% are resolved without a full hearing.
Which type of tribunal claim is most likely to succeed at hearing?
Breach of contract claims succeed in 53% of the hearings they reach (Q3 2025/26). Working time and redundancy pay claims have very high hearing success rates when using Q2 2025/26 data. These involve clearer factual questions.
What percentage of tribunal claims settle through ACAS?
Around 29% of all claims settled through ACAS in Q3 2025/26. Pregnancy discrimination claims have the highest settlement rate at around 41%.
What does "struck out" mean at an employment tribunal?
A claim is struck out before a full hearing, usually because it has no reasonable prospect of success, the claimant failed to comply with tribunal directions, or the claim was not actively pursued. Around 4% of claims are struck out.
Do most employment tribunal cases go to a hearing?
No. Only about 9% of claims in Q3 2025/26 were decided at a full hearing. The remaining 91% were resolved through ACAS settlement, withdrawal, struck out, or other routes.
Sources
- "Employment Tribunal Statistics, Table ET_3_R: Disposals by Outcome and Jurisdiction", Ministry of Justice / HM Courts & Tribunals Service, Q3 2025/26 — GOV.UK Tribunals Statistics
- "Early Conciliation", ACAS — ACAS: Early Conciliation
Related Guides
- UK Employment Tribunal Claims Hit Record Levels in 2025
- 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
- Unfair Dismissal: Is It Worth Going to Tribunal?
- Why Are Employment Tribunal Claims Struck Out?