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: Working time claims reached 1,771 in Q3 2025/26 (October to December 2025, provisional), up 79% year-on-year. These cases retain the highest hearing success rate of any claim type. Of disposed claims (Q2 data, most recent available), 24% settled through ACAS conciliation, 79% of cases that reached a hearing succeeded, and 13% resulted in default judgment. The average case now takes 29 weeks to clear.
Last updated: March 2026
If your employer has not paid you for overtime, denied you holiday entitlement, or failed to comply with working time rules, working time claims remain among the most successful at tribunal. They have the highest hearing success rate of any claim type, one of the highest default judgment rates, and resolve faster than most others.
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. Working time claims are brought under the Working Time Regulations 1998.
How many people are in your position?
Working time is one of the most common tribunal complaints. In Q3 2025/26 (provisional), 1,771 complaints were filed.
| Quarter | Working time complaints | Share of all claims |
|---|---|---|
| Q2 2024/25 (Jul–Sep 2024) | 954 | 16% |
| Q3 2024/25 (Oct–Dec 2024) | 991 | 15% |
| Q4 2024/25 (Jan–Mar 2025) | 1,245 | 17% |
| Q1 2025/26 (Apr–Jun 2025) | 1,489 | 17% |
| Q2 2025/26 (Jul–Sep 2025) | 1,503 | 16% |
| Q3 2025/26 (Oct–Dec 2025, p) | 1,771 | 17% |
That is a 79% increase compared to Q3 2024/25, when 991 complaints were filed. Growth has been consistent across all six quarters.
The most common working time issues brought to tribunal are unpaid holiday pay, failure to allow rest breaks, disputes about holiday pay calculation, and exceeding the 48-hour maximum working week. Many working time claims are filed alongside unauthorised deductions from wages and unfair dismissal.
How will your case most likely end?
Q3 2025/26 disposal breakdowns are not yet published for working time specifically. The most recent complete data is Q2 2025/26, when the tribunal disposed of 653 working time complaints:
| Outcome | Percentage | What it means |
|---|---|---|
| ACAS conciliated settlement | 24% | Settled through ACAS before hearing |
| Withdrawn or dismissed | 36% | Claim withdrawn or dismissed by tribunal |
| Default judgment | 13% | Employer failed to respond, claimant won by default |
| Successful at hearing | 11% | Full hearing, claimant won |
| Unsuccessful at hearing | 3% | Full hearing, employer won |
| Struck out | 4% | Tribunal removed the claim |
| Other | 9% | Various procedural outcomes |
The correct hearing success rate is: successful divided by (successful + unsuccessful) = 11% ÷ (11% + 3%) = 79% of cases that reached a hearing — the highest of any claim type. The factual nature of working time disputes (payslips, rotas, timesheets, contracts) makes them among the most straightforward to prove at a contested hearing.
Combined with the 13% default judgment rate, nearly one in four working time claims results in an outright win without going through a full hearing.
How long will it take?
Working time claims are among the faster claim types:
| Percentile | Working time (Q3 2025/26) | All claims |
|---|---|---|
| 25th (fastest quarter) | 16 weeks | 16 weeks |
| Median (middle case) | 26 weeks | 28 weeks |
| 75th (slower cases) | 40 weeks | 44 weeks |
| Mean (average) | 29 weeks | 31 weeks |
The average working time case takes 29 weeks, two weeks faster than the all-claims average of 31 weeks. Up from 26 weeks in Q2 2025/26, as overall system pressure increases — but still consistently among the fastest claim types to resolve.
The speed reflects both the factual nature of these claims and the high rate of default judgments and early settlements.
The backlog: what is waiting ahead of you
The open caseload for working time stood at 4,051 as of Q2 2025/26, up 232% year-on-year. Q3 individual claim-type caseload data is not yet published, but the total single claims backlog has grown a further 22% in Q3 to 30,784. Working time's share of total claims remains steady at around 17%.
What this means for you
Your chances at a hearing are the best of any claim type. 79% of working time claims that reached a hearing in Q2 2025/26 succeeded. The documentary evidence — payslips, contracts, timesheets — typically provides clear answers to the core questions.
Many employers do not engage. The 13% default judgment rate means one in eight employers does not respond at all. If your employer fails to file a response within 28 days, you may win by default.
Settlement is realistic. At 24%, the ACAS settlement rate is in line with other financial claim types. Amounts at stake are often clearly calculable, which can make negotiation straightforward.
Time limits are strict. You need to start ACAS early conciliation within three months minus one day of the working time breach. The backlog does not extend your deadline.
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Frequently Asked Questions
How many working time claims are filed each quarter?
In Q3 2025/26, 1,771 working time complaints were filed (provisional), a 79% increase year-on-year.
What percentage of working time claims succeed?
In Q2 2025/26 (most recent full breakdown), 79% of cases that reached a hearing succeeded — the highest of any claim type. A further 13% result in default judgment. 24% settle through ACAS.
How long does a working time tribunal case take?
The mean is 29 weeks (Q3 2025/26, provisional). The fastest 25% clear within 16 weeks; 25% take 40 weeks or more.
What does a working time claim cover?
Claims under the Working Time Regulations 1998 cover unpaid holiday pay, denied rest breaks, exceeding the 48-hour maximum week without a valid opt-out, night work limits, and failure to provide compensatory rest.
What happens if my employer does not respond?
If your employer fails to file a response within 28 days, the tribunal may enter a default judgment in your favour. This happens in 13% of working time cases.
Sources
- "Employment Tribunal Statistics, Tables ET_1_R, ET_2_R, ET_4_R, T_3", Ministry of Justice / HM Courts & Tribunals Service, Q3 2025/26 — GOV.UK Tribunals Statistics
- Working Time Regulations 1998 — Working Time Regulations 1998
- "Working hours and rest breaks", ACAS — ACAS: Working Hours
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- Unfair Dismissal: Is It Worth Going to Tribunal?