Employment Tribunal Statistics Q3 2025/26: A System in Structural Deficit

This article applies to England and Wales.

Last updated: March 2026 | Source: MoJ Employment Tribunal Statistics, Q3 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 six consecutive quarters. This snapshot sets out what the data shows and what it means for workers considering a claim.

Six consecutive quarters of growth

Single claims have risen every quarter for six quarters running. The Q3 2025/26 figure of 10,424 is 61% higher than Q3 2024/25, when 6,472 claims were filed. There is still no sign of the curve flattening.

The structural deficit: disposals have stalled while receipts keep rising

The tribunal cleared 4,699 claims this quarter. Receipts were 10,424 — more than twice that. For every claim the tribunal closed, roughly 2.2 arrived. Breaking even would require disposals to more than double, to 10,424 a quarter. Until that happens, the surplus flows straight into the backlog.

30,784 open cases: the backlog by the numbers

The open caseload has more than doubled in a year. The tribunal added roughly 5,500 cases to the backlog this quarter alone. At the current disposal rate, clearing the existing 30,784 cases with no new claims at all would take about six and a half quarters — around 16 months. That is not what is happening: claims keep arriving at this elevated level.

The claim mix: whistleblowing and disability are driving the shift

Every major claim type grew year-on-year except one. Breach of contract fell 4.3% and is now the only declining major claim type. Whistleblowing complaints more than doubled, rising 102% to 1,796. Disability discrimination grew 99%, nearly doubling to 3,481. These two claim types are significant not just because of volume, but because they are among the hardest to resolve quickly. Both involve complex evidence and are more likely to require multi-day hearings, adding pressure to an already strained system.

Waiting times: every claim type is taking longer

The overall mean clearance time has risen from 19 weeks in Q3 2024/25 to 31 weeks in Q3 2025/26, a 63% increase in twelve months. Equal pay cases now average 42 weeks. Religious belief discrimination averages 39 weeks. Even the fastest claim types, wages and working time, now average 29 weeks.

These are mean clearance times, not worst-case scenarios. For unfair dismissal claims, one in four cases takes 47 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: 91% without a full hearing

Of the 4,699 claims disposed in Q3 2025/26, around 9% were decided at a full hearing. Around 91% were resolved without a full hearing, including Acas conciliated settlements.

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 31 weeks and discrimination cases running to 34 to 42 weeks, early settlement through Acas is increasingly worth considering. 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 Q3 2025/26?

10,424 single claims were filed in Q3 2025/26 (October to December 2025, provisional), a 61% increase on the same quarter the previous year.

What is the current employment tribunal backlog?

The open caseload for single claims reached 30,784 at the end of Q3 2025/26 (provisional). Clearance times continue to rise, with mean clearance at 31 weeks.

How long does an employment tribunal claim take?

The mean clearance time across all single claims is 31 weeks (Q3 2025/26, provisional), up from 19 weeks a year ago. Financial claims such as wages and working time average 29 weeks. Discrimination claims range from 34 to 42 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 Q3 2025/26, around 9% of disposed claims were decided at a full hearing. Around 91% were resolved without a full hearing, including Acas conciliated settlements.

Which types of tribunal claim are growing fastest?

Whistleblowing (public interest disclosure) claims grew 102% year-on-year to 1,796 in Q3 2025/26. Disability discrimination grew 99% to 3,481. Breach of contract is the only major claim type to decline, falling 4.3%.

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, Q3 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