What Will Happen in My Unfair Dismissal Case? The Data Behind 4,766 Claims
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: Unfair dismissal is the most common employment tribunal claim, with 4,766 complaints filed in Q2 2025/26 alone, up 68% year-on-year. Of disposed claims, 32% settled through ACAS conciliation, 3% succeeded at a full hearing, and 81% were resolved without ever reaching a hearing. The average unfair dismissal case takes 30 weeks to clear, and the backlog currently stands at 13,298 open cases.
Last updated: February 2026
If you have been dismissed and believe it was unfair, you are probably wondering what lies ahead. How likely is it that your case will settle? What are the chances at a hearing? How long could the whole process take? The data from thousands of recent cases can help answer those questions.
The figures in this article come from the Ministry of Justice's Employment Tribunal Statistics (Reform system data), covering Q2 2024/25 through Q2 2025/26.
How many people are in your position?
Unfair dismissal is by far the largest category of tribunal claim. In Q2 2025/26 (July to September 2025), 4,766 unfair dismissal complaints were filed, making up 52% of all single claims that quarter.
| Quarter | Unfair dismissal complaints | Share of all claims |
|---|---|---|
| Q2 2024/25 (Jul-Sep 2024) | 2,830 | 49% |
| Q3 2024/25 (Oct-Dec 2024) | 3,178 | 49% |
| Q4 2024/25 (Jan-Mar 2025) | 3,736 | 50% |
| Q1 2025/26 (Apr-Jun 2025) | 4,627 | 51% |
| Q2 2025/26 (Jul-Sep 2025) | 4,766 | 52% |
That is a 68% increase compared to Q2 2024/25, when 2,830 unfair dismissal complaints were filed. The growth has been consistent across all five quarters, with no sign of levelling off.
Most unfair dismissal claims are filed alongside at least one other complaint. The average claimant brings 2.2 separate jurisdictional complaints per claim, typically pairing unfair dismissal with breach of contract, unpaid wages, or discrimination.
How will your case most likely end?
The tribunal disposed of 2,035 unfair dismissal complaints in Q2 2025/26. Here is how they were resolved:
| Outcome | Percentage | What it means |
|---|---|---|
| ACAS conciliated settlement | 32% | Settled through ACAS before hearing |
| Withdrawn or dismissed | 49% | Claim withdrawn by claimant or dismissed by tribunal |
| Struck out | 6% | Tribunal removed the claim (usually procedural failure) |
| Unsuccessful at hearing | 4% | Went to full hearing, employer won |
| Successful at hearing | 3% | Went to full hearing, claimant won |
| Default judgment | 3% | Employer failed to respond, claimant won by default |
| Other | 3% | Includes various procedural outcomes |
The headline figures: if you imagine 100 unfair dismissal claims filed today, roughly 32 would settle through ACAS, 3 would win at a full hearing, and 81 would never reach a hearing at all. Only around 7 in every 100 claims go to a full contested hearing.
The 6% struck-out rate is the highest of any major claim type. Claims are typically struck out because the claimant failed to comply with a tribunal direction, missed a deadline, or the tribunal decided the claim had no reasonable prospect of success.
How long will it take?
Unfair dismissal cases take slightly longer than average to resolve:
| Percentile | Unfair dismissal | All claims |
|---|---|---|
| 25th (fastest quarter) | 16 weeks | 14 weeks |
| Median (middle case) | 27 weeks | 25 weeks |
| 75th (slower cases) | 42 weeks | 40 weeks |
| Mean (average) | 30 weeks | 28 weeks |
The average unfair dismissal case takes 30 weeks from filing to resolution, roughly two weeks longer than the all-claims average of 28 weeks. One in four cases is cleared within 16 weeks, but 25% of cases take 42 weeks or more.
Cases that settle through ACAS tend to resolve faster than those that go to a full hearing. If your case reaches the hearing stage, expect it to take closer to the 75th percentile figure.
For a detailed breakdown of timelines across all claim types, see our full waiting times analysis.
The backlog: what is waiting ahead of you
The open caseload for unfair dismissal stands at 13,298 complaints as of Q2 2025/26, up from 3,758 a year earlier. That is a 254% increase in twelve months.
| Period | Open unfair dismissal cases | Total open caseload | UD share |
|---|---|---|---|
| Q2 2024/25 | 3,758 | 7,571 | 50% |
| Q2 2025/26 | 13,298 | 25,267 | 53% |
Unfair dismissal cases account for over half of the total tribunal backlog. More claims are coming in each quarter than are being cleared, which is why the backlog continues to grow.
This matters practically because new claims join the queue behind existing ones. The 30-week average clearance time may increase further if the gap between receipts and disposals continues to widen.
What this means for you
The data points to a few practical takeaways if you are considering or already pursuing an unfair dismissal claim.
Settlement is the most common outcome by a wide margin. A third of all unfair dismissal claims settle through ACAS early conciliation or COT3 agreements. If your employer is open to a negotiated resolution, the data suggests this is a realistic path. Going in with a clear sense of what you would accept, and what your claim is worth based on your circumstances, can strengthen your position.
Winning at a full hearing is uncommon but not impossible. Only 3% of unfair dismissal claims succeed at hearing. The low rate reflects the fact that most strong cases settle before they get that far. Cases that reach a full hearing tend to be the most contested, with both sides confident in their position. The success rate does not mean your case is weak; it means the system filters most claims before the hearing stage.
The struck-out rate is worth paying attention to. At 6%, unfair dismissal has the highest struck-out rate of any major claim type. Claims are struck out for procedural reasons: missing deadlines, failing to comply with tribunal directions, or the tribunal deciding the claim has no reasonable prospect. Staying on top of every deadline and direction is critical.
Time limits still apply, regardless of the backlog. You currently need to start ACAS early conciliation within three months minus one day of your dismissal. The backlog does not extend your deadline for filing. Once the Employment Rights Act 2025 changes take effect (expected October 2026), this may extend to six months.
For complex unfair dismissal cases, particularly those involving discrimination or whistleblowing alongside the dismissal, consider speaking to 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
How many unfair dismissal claims are filed each year?
In Q2 2025/26 alone, 4,766 unfair dismissal complaints were filed, a 68% increase on the same quarter the previous year. Unfair dismissal consistently accounts for over half of all tribunal claims.
What percentage of unfair dismissal claims succeed?
Around 3% of unfair dismissal claims succeed at a full tribunal hearing. However, 32% settle through ACAS conciliation, and 81% are resolved without a hearing. The low hearing success rate reflects the fact that the strongest cases tend to settle before reaching that stage.
How long does an unfair dismissal tribunal case take?
The average is 30 weeks from filing to resolution. The fastest 25% of cases are cleared within 16 weeks, while 25% take 42 weeks or longer. Cases that settle through ACAS typically resolve faster than those that go to a full hearing.
What does "struck out" mean for unfair dismissal?
A claim is struck out when the tribunal removes it, usually because the claimant missed a deadline, failed to comply with a direction, or the tribunal decided the claim had no reasonable prospect of success. Around 6% of unfair dismissal claims are struck out, the highest rate of any major claim type.
Will the Employment Rights Act 2025 affect unfair dismissal claims?
Yes. The qualifying period for unfair dismissal is expected to be reduced from two years to six months of continuous service (expected January 2027). The government estimates this could bring around six million additional workers within scope of the right to claim unfair dismissal.
Sources
- "Employment Tribunal Statistics, Tables ET_1_R, ET_2_R, ET_4_R, T_3", Ministry of Justice / HM Courts & Tribunals Service, 2025 — https://www.gov.uk/government/collections/tribunals-statistics
- "Tribunal Statistics Quarterly: January to March 2025", Ministry of Justice, 2025 — https://www.gov.uk/government/statistics/tribunals-statistics-quarterly-january-to-march-2025/tribunal-statistics-quarterly-january-to-march-2025
- Employment Rights Act 2025 — https://www.legislation.gov.uk/ukpga/2025
- "Employment Rights Act 2025", ACAS — https://www.acas.org.uk/employment-rights-bill