What Actually Happens to Employment Tribunal Claims? The Real Outcomes
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: Only 4% of employment tribunal claims succeed at a full hearing. Around 30% settle through ACAS conciliation, 26% are withdrawn, and 84% of all claims are resolved without a hearing taking place. Outcome rates vary significantly by claim type: breach of contract claims have the highest hearing success rate at 8%, while several discrimination claims had a 0% success rate at hearing in Q2 2025/26.
Last updated: February 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 (Q2 2025/26, covering July to September 2025) to show how employment tribunal claims are resolved, broken down by claim type.
The overall picture: how claims end
In Q2 2025/26, 4,122 single claims were disposed of on the Reform system, covering 8,521 jurisdictional complaints. Here is how those complaints were resolved:
| Outcome | Percentage of all claims |
|---|---|
| ACAS conciliated settlement | 30% |
| Withdrawn by claimant | 26% |
| Dismissed upon withdrawal | 23% |
| Default judgment (employer did not respond) | 5% |
| Successful at hearing | 4% |
| Unsuccessful at hearing | 4% |
| Struck out (not at a hearing) | 4% |
| Dismissed at preliminary hearing | 2% |
| Other (discontinued, Rule 27, disposed) | 2% |
The critical finding: 84% 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.
Of those that do reach a hearing, roughly half succeed and half do not (4% win and 4% lose). Those averages hide significant variation between claim types.
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. Settlement rates vary considerably:
| Claim type | ACAS settlement rate | Total disposed |
|---|---|---|
| Pregnancy/maternity | 41% | 175 |
| Disability discrimination | 35% | 1,116 |
| Unfair dismissal | 32% | 2,035 |
| Sex discrimination | 32% | 465 |
| Age discrimination | 32% | 233 |
| Race discrimination | 31% | 428 |
| Whistleblowing | 30% | 519 |
| Religion/belief | 28% | 101 |
| Breach of contract | 27% | 1,045 |
| Unauthorised deductions | 25% | 1,101 |
| Sexual orientation | 25% | 69 |
| Working Time Directive | 24% | 653 |
| Redundancy pay | 17% | 242 |
Pregnancy and maternity claims have the highest ACAS settlement rate at 41%. Redundancy pay claims have the lowest at 17%, likely because these cases more often involve factual disputes about entitlement rather than negotiated outcomes.
Success rates at a full hearing
Very few claims reach a full hearing. Of those that do, success rates differ sharply depending on the type of claim:
| Claim type | Success at hearing | Unsuccessful at hearing |
|---|---|---|
| Working Time Directive | 11% | 3% |
| Redundancy pay | 10% | 4% |
| Unauthorised deductions | 9% | 4% |
| Breach of contract | 8% | 6% |
| Unfair dismissal | 3% | 4% |
| Disability discrimination | 1% | 3% |
| Race discrimination | 1% | 3% |
| Religion/belief | 1% | 6% |
| Pregnancy/maternity | 1% | 1% |
| Age discrimination | 0% | 3% |
| Sex discrimination | 0% | 1% |
| Whistleblowing | 0% | 4% |
| Sexual orientation | 0% | 1% |
Working time claims have the highest success rate at 11%, followed by redundancy pay (10%) and unauthorised deductions (9%). These tend to involve clearer factual questions: was overtime paid or not? Was redundancy pay calculated correctly?
Discrimination claims generally have very low hearing success rates, often below 1%. That does not mean discrimination claims are weak. It more likely reflects that stronger discrimination cases settle before reaching a hearing (note the higher ACAS settlement rates above), and that discrimination cases are inherently harder to prove at a contested hearing because they often rely on inference rather than documentary evidence.
Default judgments: when employers do not respond
In 5% of cases overall, the employer fails to respond and the tribunal enters a default judgment in favour of the claimant. Rates vary sharply by claim type:
| Claim type | Default judgment rate |
|---|---|
| Redundancy pay | 15% |
| Working Time Directive | 13% |
| Unauthorised deductions | 13% |
| Breach of contract | 7% |
| All claims average | 5% |
| Unfair dismissal | 1% |
| Discrimination claims | 0-1% |
Financial claims (redundancy pay, unpaid wages, working time) have much higher default judgment rates. Smaller employers facing simple wage claims sometimes choose not to engage with the process, and the claimant wins by default.
Claims struck out before a hearing
Around 4% of all claims are struck out before reaching a full hearing. The claim types most at risk:
| Claim type | Struck out rate |
|---|---|
| Redundancy pay | 8% |
| Sexual orientation | 7% |
| Religion/belief | 6% |
| Unfair dismissal | 6% |
| Whistleblowing | 5% |
| All claims average | 4% |
Claims can be struck out for various reasons, including failure to comply with tribunal directions, no reasonable prospect of success, or failure to actively pursue the claim. If you are bringing a claim, responding to all tribunal correspondence promptly and meeting deadlines matters.
What this means for you
If you are considering a tribunal claim, these patterns suggest several practical things.
Most cases settle. Across all claim types, 30% settle through ACAS and many more resolve through negotiation before a hearing. Being prepared for settlement discussions, and understanding the value of your claim, may matter as much as being prepared for a hearing.
The type of claim affects likely outcomes. Financial claims (wages, redundancy pay, working time) are more likely to succeed at a hearing, partly because they involve clearer factual questions. Discrimination and whistleblowing claims are more likely to settle before a hearing.
Preparation matters at every stage. Claims that are struck out or dismissed at preliminary hearings (around 6% combined) often fail on procedural grounds rather than merit. Meeting deadlines, responding to directions, and understanding the process can prevent this.
Time limits are strict. You must begin ACAS early conciliation within three months minus one day of the issue you are complaining about. The backlog does not extend this deadline.
For complex claims, particularly those involving discrimination or whistleblowing, you may want to speak with a solicitor who specialises in employment law.
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
What percentage of employment tribunal claims succeed?
Overall, 4% of claims succeed at a full hearing. However, 30% settle through ACAS conciliation and many more resolve through other routes. Around 84% of claims are resolved without a full hearing taking place.
Which type of tribunal claim is most likely to succeed at hearing?
Working time claims have the highest success rate at hearing (11%), followed by redundancy pay claims (10%) and unauthorised deductions claims (9%). These involve clearer factual questions than discrimination or unfair dismissal claims.
What percentage of tribunal claims settle through ACAS?
Around 30% of all claims settle through ACAS conciliation. Pregnancy discrimination claims have the highest settlement rate at 41%, while redundancy pay claims have the lowest at 17%.
What does "struck out" mean at an employment tribunal?
A claim that is struck out is dismissed 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.
What happens if my employer does not respond to my tribunal claim?
If your employer fails to respond, the tribunal may enter a default judgment in your favour. This happens in around 5% of cases overall, but is more common in financial claims like redundancy pay (15%) and unpaid wages (13%).
Do most employment tribunal cases go to a hearing?
No. Only about 8% of claims are decided at a full hearing (4% successful, 4% unsuccessful). The remaining 84% are resolved through ACAS settlement, withdrawal, struck out, or other routes.
Sources
- "Employment Tribunal Statistics, Table ET_2_R: Disposals 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
- "Early Conciliation", ACAS — https://www.acas.org.uk/early-conciliation
- Employment Rights Act 1996, Part X (Unfair Dismissal) — https://www.legislation.gov.uk/ukpga/1996/18/part/X