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Employment Tribunals

What Will Happen in My Unfair Dismissal Case? The Data Behind 5,481 Claims

7 min read·26 March 2026

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 5,481 complaints filed in Q3 2025/26 (October to December 2025, provisional), up 72% year-on-year. Around 32% of disposed claims settle through ACAS conciliation. Of the cases that reached a hearing, approximately 43% succeeded. The average unfair dismissal case takes 33 weeks to clear. The total single claims backlog stands at 30,784 and is growing by over 5,500 cases per quarter.

Last updated: March 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 Q3 2025/26.

How many people are in your position?

Unfair dismissal is by far the largest category of tribunal claim. In Q3 2025/26 (October to December 2025, provisional), 5,481 unfair dismissal complaints were filed, making up 53% 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%
Q3 2025/26 (Oct–Dec 2025, p) 5,481 53%

That is a 72% increase compared to Q3 2024/25, when 3,178 unfair dismissal complaints were filed. Growth has been consistent across all six quarters.

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?

Q3 2025/26 unfair dismissal-specific disposal breakdowns are not yet available in the published data. The most recent complete quarterly breakdown is Q2 2025/26, when the tribunal disposed of 2,035 unfair dismissal complaints:

Outcome Percentage What it means
ACAS conciliated settlement 32% Settled through ACAS before hearing
Withdrawn or dismissed 49% Claim withdrawn or dismissed by tribunal
Struck out 6% Tribunal removed the claim
Unsuccessful at hearing 4% Full hearing, employer won
Successful at hearing 3% Full hearing, claimant won
Default judgment 3% Employer failed to respond
Other 3% Various procedural outcomes

The correct hearing success rate is calculated as successful divided by (successful + unsuccessful): 3% ÷ (3% + 4%) = 43% of cases that reached a hearing. The aggregate Q3 2025/26 figure across all claim types shows 44% of hearings were won by the claimant.

Around 82% of unfair dismissal claims are resolved without ever reaching a full hearing. The 6% struck-out rate is the highest of any major claim type — most often because claimants miss a deadline or fail to comply with a tribunal direction.

What to do next
Find out if your dismissal qualifies — and what your deadlines are.
Check your eligibility

How long will it take?

Unfair dismissal cases now average 33 weeks to clear:

Percentile Unfair dismissal (Q3 2025/26) All claims
25th (fastest quarter) 17 weeks 16 weeks
Median (middle case) 30 weeks 28 weeks
75th (slower cases) 47 weeks 44 weeks
Mean (average) 33 weeks 31 weeks

The average unfair dismissal case takes 33 weeks from filing to resolution — up from 30 weeks in Q2 2025/26 and 27 weeks in Q3 2024/25. The deterioration has been steady and consistent with overall system pressure.

One in four cases is cleared within 17 weeks. These tend to be cases that settle through ACAS early in the process. Cases that proceed to a full hearing sit closer to the 75th percentile of 47 weeks or beyond.

The backlog: what is waiting ahead of you

The total single claims backlog has reached 30,784 as of Q3 2025/26. Unfair dismissal accounts for approximately 53% of all single claims, suggesting around 16,000 unfair dismissal cases are currently open — compared to 3,758 in Q2 2024/25, a growth of over 300% in a year.

The system is accepting 10,424 new claims per quarter and disposing of just 4,534 — adding approximately 5,900 net cases each quarter. At current rates, clearing the existing backlog with no new claims would take nearly seven quarters. With claims continuing at record levels, waiting times will keep rising.

What this means for you

Settlement remains the most common outcome. Around a third of unfair dismissal claims settle through ACAS early conciliation. Going in with a clear sense of what you would accept — and what your claim is worth — is critical. See our basic award and compensatory award guides.

Read the hearing success rate correctly. Around 3% of all unfair dismissal disposal outcomes are a hearing win — but of the cases that actually reached a hearing, around 43% succeeded. The low headline figure reflects how rarely cases reach a hearing, not the strength of those that do.

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. Every deadline and direction matters.

Time limits are strict. You must start ACAS early conciliation within three months minus one day of your dismissal. The backlog does not extend your deadline.

For guidance on your specific situation, 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 quarter?

In Q3 2025/26, 5,481 unfair dismissal complaints were filed, a 72% increase year-on-year. Unfair dismissal consistently accounts for over half of all tribunal claims.

What percentage of unfair dismissal claims succeed?

Around 3% of disposed claims succeed at a full tribunal hearing. Of those that actually reached a hearing, around 43% won. 32% settle through ACAS conciliation, and around 82% are resolved without a hearing.

How long does an unfair dismissal tribunal case take?

The average is now 33 weeks (Q3 2025/26, provisional), up from 27 weeks a year ago. The fastest 25% of cases clear within 17 weeks; 25% take longer than 47 weeks.

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 claim had no reasonable prospect. 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 is expected to be reduced from two years to six months (expected January 2027), bringing an estimated six million additional workers within scope.

Sources

  1. "Employment Tribunal Statistics, Tables ET_1_R, ET_2_R, ET_3_R, ET_4_R, T_3", Ministry of Justice / HM Courts & Tribunals Service, Q3 2025/26 — GOV.UK Tribunals Statistics
  2. Employment Rights Act 2025 — Employment Rights Bill 2025
  3. "Employment Rights Act 2025", ACAS — ACAS: Employment Rights Bill

Related Guides

unfair dismissalemployment tribunaltribunal outcomesACAS settlementtribunal statisticsunfair dismissal compensationtribunal success rateUK employment lawemployment rightsdismissal claims

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