Employment Tribunal Statistics Q4 2025/26: Record Intake, a Widening Backlog

This article applies to England and Wales.

Last updated: June 2026 | Source: MoJ Employment Tribunal Statistics, Q4 2025/26

If you are dealing with a workplace dispute and wondering how long it will take, the latest official data tells a stark story. Employment tribunal claims have now risen for nine consecutive quarters. This snapshot sets out what the data shows, what changed since Q3 2025/26, and what it means for workers considering a claim.

Nine consecutive quarters of growth

Single claims have risen every quarter for nine quarters running. The Q4 2025/26 figure of 11,857 is the highest on record under the Reform single-case system, and 58% higher than Q4 2024/25, when 7,520 claims were filed. There is still no sign of the curve flattening.

The structural deficit: disposals are rising, but receipts are more than double

The tribunal cleared more claims than ever this quarter — 5,450 disposals, up 16% on Q3. Unusually, disposals grew slightly faster than receipts, which rose about 15%. But the absolute gap is so wide that this barely touches the deficit: for every claim the tribunal closed, roughly 2.2 arrived. Breaking even would require disposals to more than double, to 11,857 a quarter. Until that happens, the surplus flows straight into the backlog.

36,733 open cases: the backlog by the numbers

The open caseload has more than doubled in a year. The tribunal added roughly 5,900 cases to the backlog this quarter alone. At the current disposal rate, clearing the existing 36,733 cases with no new claims at all would take about 6.7 quarters — close to 18 months. That is not what is happening: claims keep arriving at record levels.

The claim mix: whistleblowing and disability are driving the shift

Almost every major claim type grew year-on-year. Whistleblowing complaints rose 112% to 2,199, and disability discrimination rose 79% to 4,056 — the two fastest-growing large categories, and among the hardest to resolve quickly because they tend to involve complex evidence and longer hearings. Breach of contract was the exception, down about 12% to 2,008, the only large jurisdiction to fall. A handful of very small jurisdictions also declined, but on volumes low enough that the year-on-year percentages are volatile rather than meaningful trends.

Waiting times: every claim type is taking longer

The overall mean clearance time has risen from 23 weeks in Q4 2024/25 to 36 weeks in Q4 2025/26 — a 13-week increase in twelve months. Equal pay cases now average 47 weeks, and discrimination claims generally sit above the all-claims average. Even the fastest categories, unauthorised deductions and working time, now average 33 to 34 weeks.

These are mean clearance times, not worst-case scenarios. For unfair dismissal claims, one in four cases takes 52 weeks or more. Cases that proceed to a contested hearing, rather than settling through ACAS, will sit toward the upper end of the distribution. For guidance on what clearance times mean for your claim, see our employment tribunal waiting times guide.

How claims end: around 9 in 10 without a full hearing

Of the 5,450 claims disposed in Q4 2025/26, 28% settled through ACAS conciliation, 25% were dismissed upon withdrawal, 23% were withdrawn by the claimant, and 5% resulted in a default judgment because the employer did not respond. Only around 9% of disposed claims were decided at a full hearing.

Of the claims that reached a contested hearing in Q4 2025/26, 44% were successful for the claimant — that is success measured against cases that reached a hearing, not against all claims. The rate varies considerably by claim type: breach of contract claims succeeded in 50% of contested hearings and working time in 64%, reflecting the factual clarity of most such disputes. Discrimination claims tend to be lower, with disability discrimination at 20% and age discrimination at 17%, reflecting how much harder they are to prove.

For most claimants, the question is not just whether they could win at a hearing, but whether their case is likely to reach one, and whether a settlement through ACAS early conciliation might be a better route.

What this means if you have a workplace issue

The backlog does not extend your deadline. Time limits are strict regardless of how many cases are ahead of you. Most employment claims require ACAS early conciliation to begin within three months minus one day of the relevant incident. For more on deadlines, see our guide on employment tribunal time limits.

Settlement is more valuable than ever. With mean clearance times at 36 weeks and discrimination cases running to 38 to 47 weeks, early settlement through ACAS is increasingly worth considering. 28% of all claims settled through ACAS in Q4 2025/26, and pregnancy-related detriment claims settled at 37%. Understanding what your claim may be worth before entering conciliation matters.

Hearing waits are getting longer. Some regions are listing complex discrimination and whistleblowing cases for 2027 and beyond. If your claim requires a multi-day hearing, the realistic timeline from filing may be nine to twelve months or more.

The Employment Rights Act 2025 will increase volumes further. The reduction of the unfair dismissal qualifying period from two years to six months (expected January 2027) could bring an estimated six million additional workers within scope. Extended time limits, expected October 2026, will also increase filings. For a summary of what is changing, see our guide on the Employment Rights Act 2025.

For complex claims involving discrimination or whistleblowing, you may want to speak with a solicitor who specialises in employment law before deciding how to proceed.

Frequently asked questions

How many employment tribunal claims were filed in Q4 2025/26?

11,857 single claims were filed in Q4 2025/26 (January to March 2026, provisional), a 58% increase on the same quarter the previous year. This was the highest quarterly figure recorded under the Reform single-case system.

What is the current employment tribunal backlog?

The open caseload for single claims reached 36,733 at the end of Q4 2025/26 (provisional), a 136% increase year-on-year. The backlog grew by roughly 5,900 cases in the quarter.

How long does an employment tribunal claim take in 2026?

The mean clearance time across all single claims is 36 weeks (Q4 2025/26, provisional), up from 23 weeks in the same quarter a year earlier. Financial claims such as wages and working time average 33 to 34 weeks. Discrimination claims range from 38 to 47 weeks mean. Cases that proceed to a contested hearing typically take longer than the average.

What percentage of tribunal claims succeed at a hearing?

In Q4 2025/26, around 9% of disposed claims were decided at a full hearing, and 44% of those were successful for the claimant. Success rates vary by claim type: breach of contract succeeded in 50% of contested hearings and working time in 64%, while disability discrimination succeeded in 20% and age discrimination in 17%. 28% of all claims settled through ACAS, and around 91% were resolved without a full hearing.

Which types of tribunal claim are growing fastest?

Whistleblowing (public interest disclosure) claims grew 112% year-on-year to 2,199 in Q4 2025/26. Disability discrimination grew 79% to 4,056. Breach of contract is the only major claim type to decline, falling about 12%.

Does the tribunal backlog affect my time limit to claim?

No. Time limits apply regardless of the backlog. Most employment claims require ACAS early conciliation to begin within three months minus one day of the relevant incident. Missing this deadline will ordinarily bar the claim.

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, could bring an estimated six million additional workers within scope. Extended tribunal time limits, expected October 2026, are also likely to increase filings.

Sources

1. Ministry of Justice, Employment Tribunal Statistics, Tables ET_1_R, ET_2_R, ET_3_R, ET_4_R, T_3, Q4 2025/26 (provisional) - gov.uk/government/collections/tribunals-statistics
2. Employment Rights Act 2025 (Royal Assent 18 December 2025) - legislation.gov.uk
3. ACAS, Early conciliation - acas.org.uk/early-conciliation