Data published on Thursday (13 March) by the Ministry of Justice showed that there were 43,000 open single case tribunal claims in the last quarter of 2024. This was up from 33,000 in the last quarter of 2023.
In response to this, the Employment Lawyers Association (ELA) has urged the government to address the increasing backlog of tribunal cases.
The ELA has stated that the amendments to the Employment Rights Bill, which are currently going through parliament, are likely to lead to further employment disputes due to the increase in workers’ protections.
Paul Mander, head of employment at law firm Penningtons Manches Cooper, agreed that the amended Bill will stress an already overstretched tribunal system.
He told HR magazine: “It will cause huge additional strain on an already creaking system, especially if the new Fair Work Agency starts bringing further claims on behalf of workers, as it will seemingly be empowered to do.
“My main concerns more generally are the additional burdens on business, which is already going to be hit with an additional employer national insurance contribution charge from April 2025.”
Read more: Employment tribunal backlog worsens
HR has the potential to help alleviate some of this pressure, according to Garin Rouch, co-founder of HR and organisational development consultancy, Distinction Consulting.
Rouch told HR magazine: “The real issue isn’t just the backlog, it’s what’s driving these cases. Too often, issues spiral because managers lack the skills or time to intervene early. HR needs to spot patterns, address root causes and equip line managers to handle concerns before they escalate.
“Organisations should be reviewing cases to identify where trust is breaking down and patterns; whether that’s unclear processes, poor management or deeper culture issues.”
Fiona Morgan, senior employment lawyer for law firm Arbor Law, echoed this. She told HR magazine: "There’s no magic bullet here – it’s all about addressing issues when they arise, rather than leaving them to fester.
"This ensures workplace procedures, such as performance management, absence management and disciplinary policies, are up-to-date and implemented fairly and consistently, and that managers are properly trained to handle disputes and workplace issues.”
Read more: Gender-critical teacher loses unfair dismissal claim in pronouns tribunal
The Judicial Attitude Survey published by University College London last month found that 59% of first-tier employment tribunal judges said their workload was too high.
Claire Brook, employment partner at law firm Aaron & Partners, stated that changes to the Employment Rights Bill may lead to claims taking even longer to reach a hearing.
Speaking to HR magazine, she said: “In certain parts of the country, a claim may take more than two years to reach substantive hearing at tribunal. This could be stretched further when the Employment Rights Bill proposals come into effect.
"Not only could this impact on access to justice but the prospect of further delays in addressing tribunal claims will increase the costs of both claimants and respondent employers.
“It will be important for employers to prepare for those changes in advance of their implementation dates and ensure that people leaders are aware of the changes and trained in dealing with matters in line with the new requirements, to avoid inadvertent liabilities arising and associated costs consequences.”
