Ministry of Justice quarterly tribunal statistics for April to June, published last week, show the open caseload for single claims has reached 70,000, up 51% on the same quarter last year.
Moreover, the in-tray substantially outweighs the out-tray, with the tribunals receiving 14,000 single claims during the quarter but disposing of only 6,100.
Multiple claims, typically equal pay cases involving the same employer, are recorded separately.
Brett Dixon, vice president of the Law Society, described the rise as ‘alarming’, and predicted the backlog would continue to grow without government investment.
Michelle Morgan, head of employment at Gardner Leader, said: ‘While London has traditionally been regarded as having the longest tribunal delays, we are now seeing cases outside the capital being listed as far ahead as December 2029.
‘At the same time, some claims are still reaching hearings within a matter of months. The result is a postcode lottery, with outcomes depending as much on geography as on the merits of a case.
‘These delays do not just postpone justice. They increase the risk of witness memories fading, key personnel leaving businesses before hearings take place, and evidence becoming harder to obtain. They also drive up costs for both parties.’
Morgan also highlighted a rise in interim relief applications in employment claims.
‘Once numbered around 20 a year, applications are now being received at a similar rate each month,’ she said.
‘Interim relief may still be available only in limited circumstances, but it is not something employers can afford to ignore. The combination of accelerated tribunal hearings and the potential for substantial ongoing salary and benefits liabilities can leave businesses under significant financial and operational pressure at a very early stage of a dispute.’
