Employment Tribunals in crisis: The blind spot in the ‘New Deal for Working People
Despite having more legal protections than ever before, today workers in England and Wales are struggling to enforce their rights. The Employment Rights Act 2025 may transform the working lives of millions of people by granting them greater protections at work. But without major support for the Employment Tribunal system, our research finds that the system is in freefall.
Our new report, Employment Tribunals in crisis: The blind spot in the ‘New Deal for Working People’, finds that as of December 2025, there were over 65,000 open cases awaiting resolution. This is the highest backlog since records began in 2017, and a staggering 43% increase in just 12 months.
Why is this happening? Workers today are not more litigious. In fact, tribunals were handling a significantly higher volume of cases fifteen years ago, and disposals generally kept up with receipts. What lies behind the current backlog is a structural underinvestment in judicial capacity.
Key findings
Drawing on analysis of Ministry of Justice Statistics, data obtained through Freedom of Information requests, interviews with practitioners, and analysis of National Tribunal User Group minutes, this research points to a system on the brink of collapse:
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Judicial capacity outpaced. In the two years to March 2025, the backlog increased at more than three times the rate of days judges sat in court. Secretary of State David Lammy has announced that 2026/27 will have fewer sitting days than both years prior, despite the government’s own estimate that the Employment Rights Act will lead to an 18% increase in cases.
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Loss of judicial resources. Despite the surge in cases, the number of judges in post is 19% below the level in 2022.
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The "London Gap". London judges face a caseload more than twice as high as in other parts of England, and five times higher than Wales. In one of the worst instances, a case lodged in January 2025 in the London South tribunal was listed for 2029.
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AI-assisted litigants in person. The lack of accessible and free employment legal advice has pushed many to use Artificial Intelligence tools to build their case, contributing to an increase in complex cases.
“Justice delayed is justice denied. The longer our clients have to wait to put their case in front of a judge, the more time unscrupulous employers have to dissipate assets or enter liquidation.
These extended delays hit migrant workers hardest, as many are forced to leave the UK due to visa expiry curtailment or curtailment before their hearing date. The Foreign Office received 197 requests from individuals to give oral evidence from abroad via video link from 2022 to 2025 -not a single request was granted.”
Ruth Neil, Employment Solicitor at the Work Rights Centre.
Recommendations
To tackle the immediate capacity crisis, we are calling on the Ministry of Justice and HM Tribunal and Courts Service to:
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Fund a better-resourced judiciary to tackle the urgency of a backlog which far outpaces available sitting days.
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Firm up management and administration to support judicial resources.
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Streamline user journeys to limit administrative inefficiency by design.
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Fund early intervention to give parties every opportunity to find a resolution before they go to the Tribunal.
To address the broader systemic issues, we also call for widening the remit of the Fair Work Agency, to include all claims related to non-payment. This could remove 10% of tribunals’ open caseload.
Join our report launch event on Tuesday, May 19, at 3 PM, as we present our research and discuss its implications for workers, the legal sector, and trade union movement in discussion with an expert panel.