Employment tribunal claims have been steadily rising – and so has the backlog. Recent figures show a significant increase in outstanding cases, with many claims now taking well over a year to reach a final hearing. In Q3 2025, the employment tribunal received 13,000 single claims and disposed of only 5,700 single claim cases. There were 58,000 single claim cases in the open caseload at the end of December 2025. That figure will be higher now.
For employers, this raises an obvious question: does this change how we should approach disputes?
In short – yes.
A longer tribunal timeline brings both challenges and opportunities.
On the one hand, unresolved claims can hang over a business for months (or even years). That can mean:
- Ongoing management time and legal costs
- Difficulty drawing a line under disputes
- Witnesses’ memories fading over time
On the other hand, delay can sometimes create an opportunity to revisit settlement discussions. As time passes, both parties may become more open to a pragmatic resolution—particularly where the cost and uncertainty of a full hearing becomes clearer.
There are also some practical steps employers can take to put themselves in the strongest position:
- Document decisions clearly at the time – don’t rely on memory later
- Preserve key evidence early (emails, messages, notes)
- Train managers on handling processes properly first time
- Consider early resolution strategies, including mediation
It’s also worth remembering that, despite the backlog, tribunal claims are not going away—and in some areas (such as discrimination and whistleblowing), they are becoming more complex.
The headline point? A growing backlog doesn’t reduce risk—it simply extends it over a longer period.
For employers, the best defence remains the same: good processes, clear documentation, and early, sensible decision making when issues arise.
For further information, please contact Kerry Curd in the employment team on 01626 202406 or email KerryCurd@wbw.co.uk.
Our Employment Law & HR Support service forms part of our wider Business Services Team, providing businesses with access to a comprehensive range of legal expertise. Alongside employment law, we advise on corporate and commercial law, commercial property, commercial disputes, tax advice and compliance, and Farms & Estates matters. By bringing these specialist services together, we can provide joined-up legal support tailored to your business at every stage. For further information or to make an appointment, please visit: https://www.wbw.co.uk/business-legal-services/
WBW Solicitors has offices in Axminster, Bovey Tracey, Brixham, Exeter, Exmouth, Honiton, Launceston, Newton Abbot, Paignton, Seaton, Sidmouth, and Torquay.
This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.
