Soundbite: Employment tribunal claims hit record high
Employment tribunal claims hit record high
The latest Ministry of Justice statistics, published yesterday, highlight the growing pressure on the Employment Tribunal system.
Between April and June 2026, around 14,000 single claims were lodged, representing a 28% increase compared with the same period in 2025. In contrast, only 6,100 claims were disposed of, a decrease of 6%. As a result, the open caseload of single claims has risen to approximately 70,000, the highest level on record and 51% higher than a year ago.
Multiple claims remain significant, with around 11,000 claims across 500 lead cases received during the quarter. By the end of June 2026, the combined open caseload stood at approximately 537,000 claims.
What does this mean for employers?
With claims being lodged faster than they can be resolved, employers should expect employment tribunal proceedings to take significantly longer. Delays can increase legal costs, take up valuable management time and make it more difficult to gather reliable evidence, particularly where key individuals have left the business.
Proactive steps to be taken
Against that backdrop, employers should review their approach to employment disputes and take proactive steps to minimise the impact of lengthy proceedings. This includes preserving relevant documents and evidence, such as emails, messages, personnel records, policies and investigation material, as soon as a dispute is anticipated. Employers should also ensure that clear contemporaneous records are kept, identifying who made decisions, what evidence was considered and the reasons for the outcome. This is particularly important in disciplinary, grievance, performance management, redundancy, flexible working and dismissal processes.
Key witnesses should be identified at an early stage and their accounts obtained while events remain fresh. Where lawful and appropriate, employers should retain contact details for former employees who may later be required to assist with investigations or litigation. When entering into settlement agreements with departing employees, employers should also consider including provisions requiring reasonable assistance with future investigations or legal proceedings.
Well-managed grievance, disciplinary and appeal procedures can help resolve disputes before litigation and reduce the overall risk. Employers should also be prepared for tribunal proceedings to involve multiple hearings, extensive disclosure obligations and repeated preparation work over an extended period. Any insurance arrangements should be reviewed carefully to ensure notification requirements are met and cover remains available.
This is also an opportune moment for employers to review policies and management practices in higher-risk areas, including discrimination, disability, whistleblowing, flexible working, redundancy and grievance handling. Preparing a clear chronology, ensuring document storage and witness lists from the outset can reduce costs and improve the prospects of achieving an early resolution.
Although the Ministry of Justice notes that the open caseload figures may be overstated by around 3% due to ongoing data quality reviews, the overall direction of travel is clear: claim volumes are rising and tribunal delays are likely to continue and become more significant over time.
Whilst the increasing Tribunal backlog is outside employers’ control, the way in which you prepare for and manage workplace disputes is not. Organisations that take early steps to preserve evidence, maintain clear records, follow robust procedures and regularly assess litigation risk will be far better placed to navigate lengthy proceedings.
Should you require any assistance with your litigation strategy or if a claim is issued against your business, please contact a member of our team. We would be happy to support you in resolving or defending the matter effectively.
Source: Ministry of Justice, Tribunal Statistics Quarterly: April to June 2026, published 10 September 2026.