Spiralling 50,000 Employment Tribunal backlog

Spiralling tribunal backlogs are leaving employees and businesses in limbo for far too long, the Law Society of England and Wales has warned.

The latest data for December 2022 shows 50,518 outstanding cases compared to 47,041 in December 2021, with the backlog rising steadily month after month.*

“The Employment Tribunal backlog means employees and employers aren’t getting the swift resolution they should,” said Law Society president Lubna Shuja.

“This means people and businesses are facing prolonged periods of uncertainty, which is likely to take a high toll both personally and financially, with the cost-of-living crisis hitting individuals and businesses hard.

“Since Employment Tribunal fees were abolished in 2017, the number of claims has increased, but this has not been matched by the resources needed to deliver justice promptly for those turning to the tribunal.

“The government must address this shortfall if the growing backlog is going to be curtailed.

“We know one of the key issues is a lack of judges. Efforts should redouble to ensure the tribunal has the experts it needs to function at maximum capacity.”

Cases are often listed for hearing more than 12 months from when the request was first made, while more complex claims can take more than two years to get a judgment.

“Being involved in an employment claim is extremely stressful for employees and employers,” said Lubna Shuja.

“These types of cases deal with serious matters from unfair dismissal, unpaid wages and redundancy claims to whistleblowing and unlawful discrimination.

“Long delays only add to the stress for people already worried about their job, their finances or their reputation.

“The government needs to ensure Employment Tribunal claims can be heard in a reasonable timeframe to enable individuals and businesses to resolve their issues and move on.”

Notes to editors

* See the latest Employment Tribunal statistics

About the Law Society

The Law Society is the independent professional body that works globally to support and represent solicitors, promoting the highest professional standards, the public interest and the rule of law.

Press office contact: Nick Mayo | 020 8049 4100