Tribunal backlog tops half a million as fears grow over impact of new workers' rights

"The employment tribunal system is facing unprecedented strain, with a backlog of more than half a million claims raising serious doubts over its ability to cope with an expected surge in cases under Labour's proposed expansion of workers' rights. Latest tribunal statistics for the second quarter of the year, covering July to September 2025, show that active claims - including both single and multiple cases - climbed to 515,000 by the end of September. The number of open employment tribunal cases alone rose to 52,000, a 33 per cent increase compared with the same period last year."

"The figures underline the scale of the challenge facing ministers as they push ahead with the Employment Rights Bill, which is designed to strengthen employee protections but would rely heavily on an already overstretched tribunal system for enforcement. Rob McKellar, legal services director at HR services firm Peninsula, said the data pointed to a system under severe pressure. "With the current backlog of over half a million claims, and some regions listing cases for 2028, it's clear that pressure on the tribunal system is higher than ever before," he said."

Active employment tribunal claims reached about 515,000 by the end of September 2025, while open cases rose to 52,000, a 33% year-on-year increase. Unfair dismissal comprised nearly a quarter of new claims in the quarter, with 4,766 lodged. Disability discrimination accounted for 14.8% of claims and unauthorised deductions of wages for 12.2%. The Employment Rights Bill would broaden protections but would increase demand on tribunals, with government estimates suggesting an extra six million people could gain the right to bring unfair dismissal claims if the qualifying period falls to six months. Some regions are listing hearings as late as 2028.

Read at Business Matters