UK Employment Tribunal backlog hits record 70,000 claims as hiring-dispute reforms approach
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The News
Ministry of Justice tribunal statistics for April–June 2026 show a record 70,000 open single Employment Tribunal claims at the end of June — the highest level in the published time series. Tribunals received 14,000 single claims in the quarter but disposed of only 6,100, with receipts up 28% year-on-year and disposals down 6%; the open single-claim caseload rose 51% on a year earlier. The average period from claim to disposal was 59.6 weeks as of April, and some longer hearings are now being listed into 2028 and 2029. The figures land before two reforms expected to increase caseload: from 1 October 2026 the claim time limit for most tribunal claims rises from three to six months, and from 1 January 2027 the unfair dismissal qualifying period falls from two years to six months, with the compensatory award cap removed.
Why It Matters
For TA leaders, the tribunal backlog changes the risk arithmetic on every hiring and termination decision. The January 2027 cut to the unfair dismissal qualifying period means employees can challenge dismissal after six months rather than two years — so probation-period decisions and structured onboarding become litigation-critical, not just operational. The October 2026 extension of the claim time limit to six months lengthens the window during which a former candidate or employee can bring a claim, complicating document retention and witness availability. With some hearings now listing into 2029, employers may face disputes where managers have left and records have degraded. The government estimates the Employment Rights Act reforms could add around 6,900 tribunal cases.
Taking Action
All action is situated in your corporate context. These are starting points, not prescriptions — choose what fits.
Connect
Who to talk with in your enterprise
Your head of HR operations: the six-month unfair dismissal threshold from January 2027 means probation reviews and performance documentation for the first six months become the evidentiary backbone of any defence — ask whether your current process captures that. Your HRIS or ATS lead: with claims now reachable up to six months out, confirm that applicant and employee records (including AI screening decisions) are retained for the new window and are retrievable for litigation holds.
Inspect
What to take a closer look at
Review your probation and termination documentation for hires made in the last six months. With the qualifying period falling to six months from January 2027, each early-stage decision could become tribunal evidence — check that you have a consistent, dated record of the business reason, the human reviewer, and any automated input for every termination in that window.
Reflect
What to think about more deeply
If a tribunal now takes three years to hear a case and the employee is long gone, is the right to a hearing still a protection — or a slow-burning cost that pushes employers to settle regardless of merit?