Employment Tribunal Backlog Forces Unfair Dismissal Claimants to Wait Five Years
Unfair dismissal claims in England and Wales are now subject to delays of up to five years for a full hearing and judgment, due to an escalating backlog within the Employment Tribunal service. Lawyers are demanding radical changes to ensure justice for all parties.
Human Cost of Delay
Catriona Ball exemplifies the profound personal toll of these delays. Following the death of her husband, Lewis, in November 2024, she lodged a claim for constructive unfair dismissal and alleged disability discrimination. Lewis, aged 43, had resigned weeks before his death, believing his work-related stress was unaddressed. Despite filing her claim in February 2025, her case is not expected to be heard until 2029.
Ms Ball stated that the ongoing legal limbo exacerbates her grief, forcing her to consider selling the family home to finance the tribunal case, as legal aid for such matters is virtually non-existent. She highlighted the emotional burden, noting, “It’s shocking, absolutely shocking. It stops me getting closure and feeling like Lewis can rest in peace.”
Systemic Failure and Proposed Solutions
The Employment Tribunal currently faces a backlog of nearly 72,000 claims, an increase of almost 26,000 in just one year. This means tens of thousands of individuals and businesses are left in prolonged uncertainty. Caspar Glynn KC, Chair of the Employment Lawyers’ Association (ELA), warned that the system is failing, creating “economic servitude” for dismissed workers without income. Businesses also suffer, as delays make it harder to defend cases due to staff turnover or the unavailability of key witnesses.
The ELA attributes these delays to a rise in complex discrimination and whistleblowing claims, alongside the unintended consequences of Artificial Intelligence (AI) assistance for self-represented litigants. Individuals without legal counsel often use AI services, which can generate excessively long and complex claims, extending the time judges require for review.
To alleviate the crisis, the ELA proposes a new dispute resolution body to divert cases from court. They also advocate for AI models to evaluate claims more efficiently, rather than expand them, and suggest categorising caseloads into “tracks” based on complexity. Simple claims, they argue, could be handled by legal officers instead of judges, significantly reducing time and cost.
A Ministry of Justice spokesperson acknowledged the pressures, stating that action is being taken to reduce the backlog, including maximising sitting days, recruiting more judges, utilising virtual hearings, and investing in new digital systems. However, for claimants like Ms Ball, the wait continues, underlining the urgent need for tangible reform.
