Employment case backlog reaches all time high amid new sector legislation

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New reports show that the employment tribunal backlog has risen alarmingly by approximately 28% over the past year, following the introduction of new workers’ rights in the Employment Rights Bill.

According to HM Courts & Tribunals Service data collected by law firm Littler, outstanding cases have risen from 39,000 in 2023, with 49,800 cases still awaiting a tribunal hearing. The firm has previously warned that new introductions from the bill would lead to further increases to the employment tribunals’ already worrying backlog, partly due to the rush of new disputes without adequate funding.

The number of claims lodged with the courts in the autumn rose by 30% in comparison to this quarter in 2023. The number of cases in that quarter reached 11,500, of which 10,100 were resolved.

Partner at Littler, Philip Cameron, said: “On top of that is the possibility of disputes arising from companies making redundancies as they try to cope with the recent increase in the minimum wage and employers’ national insurance.”

Previously, the backlogs increased significantly following the abolition of tribunal fees and courts have struggled to recover following the negative impact of the pandemic.

Partner at Forsters LLP, Joe Beeston, explained: “Matters are taking an age to get in front of a judge (often taking well over a year) and we are seeing an increase in hearings being rescheduled at the last minute (including sometimes on the morning of the day the hearing is due to start) after all the time and cost has been incurred.”

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