The backlog of employment tribunal cases in England and Wales has reached its highest recorded level, rising by nearly 50% in a single year, according to data released by His Majesty’s Courts and Tribunals Service (HMCTS) last week.
Figures published on Thursday show the “open caseload” stood at 68,192 cases at the end of January 2026 – up from 45,751 in January 2025. Because each case can contain multiple claims, the total number of individual claims outstanding across single and multiple case types now exceeds 500,000.
Analysis by legal expenses insurer ARAG found that 27,398 cases were disposed of in the year to January 2026, a fall of 19.6% compared with the same period to January 2025. Over the same year, new case receipts approached 50,000.
Source: HMCTS
HMCTS noted in a footnote to the published statistics that, for technical reasons, the open caseload figure may overcount by an estimated 3%, though analysts said the margin would not materially alter the scale of the challenge.
The deterioration comes roughly nine months before the Employment Rights Bill is due to reduce the qualifying period for unfair dismissal claims from two years to six months.
Andy Talbot (pictured), director of broker, ATE, and marketing at ARAG, said the insurer had issued a warning about the system’s capacity more than a year ago.
“Over a year ago, we warned that the employment tribunal system could not cope with the increased demand that the proposed day-one right to claim unfair dismissal would bring,” Talbot said.
“The amendment to a six-month qualifying period seemed like a sensible compromise, but it’s clear that employment tribunals are struggling with the volume of claims they are getting now.”
Talbot added that the problem predates the pandemic.
“This isn’t a new problem or even a hangover from the pandemic,” he said. “The backlog of cases has been growing for a decade.”
He said the broader consequences of prolonged delays extend beyond the justice system.
“We know that the Ministry of Justice has taken steps to increase capacity but, with claims volumes likely to increase next year, it’s difficult to see the situation improving,” Talbot said. “Justice delayed is certainly justice denied, but it also inhibits economic growth. Owners are less likely to invest in their small businesses or hire staff with employment claims hanging over them for years, and such delays are no easier or fairer for claimants.”
The Employment Rights Bill is expected to take effect in autumn 2026.
