23/08/2026
Employment tribunal system in crisis
Employment tribunals are being hindered by a combination of judge shortages, increasingly complex discrimination claims and lengthy proceedings. Outstanding cases have doubled from 32,000 in 2020 to 64,000, with some hearings now listed years ahead. Tribunal running costs in GB have risen from £40m in 2018 to £81m, while cases are taking longer and increasingly combine unfair dismissal no with discrimination allegations, which can substantially increase compensation. A major constraint is recruitment and retention of employment judges, particularly in London, where the £146,000 salary compares poorly with private-sector legal earnings. The decline of trade unions may also mean fewer workers receive advice on whether claims are worth pursuing. Meanwhile, growing use of AI-generated legal arguments is adding further complexity for judges. The system faces another test when the Employment Rights Act takes effect, allowing workers to bring certain claims after six months rather than two years. Government estimates suggest claims could rise 15%–17%, while employment lawyers predict a much larger increase. The result risks further delays and costs for employers, claimants and the wider justice system.
