UK Employment Tribunal system in 2026: understanding a system under strain

Posted Thursday 29th January 2026

Based on our experience advising employers and employees in Employment Tribunal proceedings, this article explores the growing pressures on the UK Employment Tribunal system and what they mean in practice.

The UK Employment Tribunal system is a cornerstone of workplace justice. It provides an accessible forum for resolving disputes between employers and employees and plays a vital role in enforcing employment rights. Yet today, it is under significant strain. Delays, administrative backlogs, and procedural uncertainty are making the system slower, costlier, and harder to navigate, for claimants, respondents, and practitioners alike.

Delays are the new norm

Waiting months, or even years, for hearings is becoming increasingly common. Some key trends:

• Prolonged processing times: Claim submissions, responses, and applications often sit idle for weeks and/or months.
• Long listing periods: Final hearings are often scheduled years in advance. We recently saw a case that had a final hearing listed in three years’ time.
• Challenging communication: A centralised telephone helpline has replaced direct contact with tribunals, leaving parties reliant on generic updates.

These delays are also affecting how cases are being litigated. Tactical behaviour can exploit administrative bottlenecks, case management becomes harder, and costs inevitably rise.

These pressures are occurring against a backdrop of significant legislative change, including the government’s recent decision to remove the cap on unfair dismissal compensation, which are likely to increase both the volume and complexity of cases entering an already congested system.

Acas and Early Conciliation

The strain on the system begins before claims reach the Employment Tribunal. Acas Early Conciliation remains a mandatory pre-claim step in most cases, intended to promote early resolution and reduce unnecessary litigation. However, in practice:

• Increasing demand has led to delays in the allocation of conciliators. In some cases, conciliators are not appointed until late in the conciliation period, significantly narrowing or eliminating altogether the opportunity for any meaningful conciliation.
• A recurring issue we have noticed for respondents, is the lack of visibility and control during this stage. There is no mechanism for an employer to verify whether Early Conciliation has been initiated by a claimant, until contact is made by Acas or an Early Conciliation certificate is issued. Where delays occur, respondents may have no warning of a potential claim until an ET1 is received from the Tribunal, at which point they are legally required to respond or otherwise face the risk of a default judgment. This potentially limits the employer’s ability to assess risk, preserve evidence or explore early resolution.
• Similarly, claimants who initiate early conciliation in good faith, hoping to settle their disputes are being denied that very opportunity through no fault of their own. As a result, they are being left with no choice but to submit their claims to the Employment Tribunal to protect their position.
• It is increasingly common for Early Conciliation certificates to be issued without any substantive conciliation, simply to preserve limitation. While understandable, this can undermine the policy objective of resolving disputes before they reach litigation, even though the process is voluntary.

However, there is some hope – the Acas Early Conciliation period has recently doubled from 6 weeks to 12 weeks (effective from 1 December 2025), giving parties more time to enter into a period of meaningful conciliation, and facilitate more settlements.

Legislative changes increasing pressure

Recent reforms to unfair dismissal compensation, including the removal of the compensatory cap are expected to place further strain on the Tribunal system. While intended to enhance protection for higher-earning employees, these changes are expected to:

• Increase high-value claims and the complexity of loss and remedy assessments, leading to a greater demand for quantum hearings.
• Boost overall claim volumes by around 17% (UK Government’s economic analysis on the Employment Rights Act 2025).

For those interested in the total number of claim receipts and disposals, the Tribunal publicly shares quarterly statistics, published by the Ministry of Justice on GOV.UK, and a link to this resource can be found at: Tribunal Statistics Quarterly: July to September 2025 – GOV.UK

Changes to litigation behaviour

Delays within the Tribunal system can also influence how claims are pursued and defended. Practitioners increasingly encounter tactical behaviour that exploits administrative setbacks, with procedural steps tied to tribunal decisions that may take months to be issued.

Delayed tribunal oversight also undermines effective case management, increasing the risk of prolonged proceedings and higher costs for all involved.

Costs, uncertainty and “slow justice”

Employment Tribunal proceedings are generally intended to be lower-cost and more accessible than other forms of litigation. However, in practice, prolonged delays can increase costs and consume professional time and client resource with repeated chasers, clarifications and extended timelines.

For claimants, particularly those motivated by principle rather than compensation, the length of the process can be frustrating and emotionally draining. For respondents, extended litigation creates prolonged uncertainty, financial exposure and operational distraction, which can be detrimental to businesses, particularly start-ups and smaller organisations.

This raises a difficult question: when justice is delayed to this extent, does it still feel like justice?

What claimants should know

Tribunal proceedings often take years, not months to reach a final hearing. Early settlement opportunities may be limited by delays in conciliation and administration, and the emotional and financial cost of prolonged litigation should be carefully weighed at the outset.

What respondents should know

For employers, early awareness and preparation are critical. Receipt of an Early Conciliation certificate should prompt immediate consideration of potential resolution, even if formal conciliation had not been attempted via Acas.

Once proceedings begin, expect extended timelines, higher costs, and the need to take proactive, strategic steps to manage litigation risk, commercial exposure, and the preservation of evidence over the long term.

Looking ahead

The pressures on the Employment Tribunal system are the product of legislative changes funding constraints, rising claim volumes (without corresponding increases in resource), rather than individual failings.

If employment rights are to be meaningfully enforced and defended, the system must be adequately funded and supported, or delays and inefficiencies will continue to undermine confidence.

Conclusion

The Employment Tribunal system remains essential for workplace justice, but it is under unprecedented pressure. For both claimants and respondents, informed decision-making and early planning has never been more important.

Legislative reform, rising claim volumes and under-resourcing are combining to create a process that is slower, more expensive and less predictable than ever before.

If you are involved in Employment Tribunal proceedings, get in touch with our employment team to help navigate the delays, manage risk, and protect your position.

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This article is for reference purposes only. It does not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking or deciding not to take any action.

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