Research reveals rise in employment tribunal backlog

The latest research shows that there has been a big rise in the backlog of employment tribunal cases over the past year, and it also indicates that the situation is likely to get worse.

This analysis was carried out by Littler, an employment law company. The firm examined the most recent figures from HM Courts & Tribunals Service, which revealed the extent of the rise.

In December of last year, there were 49,800 open cases. The figure for December 2023 was 39,000, which means that the backlog has increased by 23% within the space of a year.

The second half of last year also brought a big rise in the number of claims that went to tribunal, compared with the same period in 2023. This number went up from 8,800 to 11,500 – which is an increase of 30%.

After the figures were published, Phil Pepper from the solicitors Shakespeare Martineau spoke to People Management about them. He stated that the new employment rights bill would almost certainly increase the number of claims:

“More claims will be lodged as employees gain the right to unfair dismissal from day one, are privy to a longer time period during which they can lodge claims and a broader definition of worker status is established.”

This is sparking conversations about what companies can do to prepare. One idea that has been put forward is for HR departments to organise management training based on the employment rights bill. Getting advice from outsourced HR change management services could also help companies plan ahead for potential issues.